News & Events

news & events / 06.13.19 /Thomas W. Smithand

Firm News

Tom Smith and Jacob Amir won summary judgment on behalf of a large marina owner in Westchester, obtaining dismissal of claims brought by a commercial tenant seeking money damages and the enforceability of a 99-year ground lease. After extensive discovery, our firm moved to dismiss the complaint because the commercial tenant’s claims, if accepted, would have rendered the ground lease unconscionable, and because the lease was void by frustration of purpose and abandonment. The Supreme Court agreed that the ground lease was rendered terminated, dismissed all of the commercial tenant’s causes of action, and granted our client’s counterclaims for declaratory judgment.