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New York State Courts Provide Preliminary Rulings on Commercial Lease Performance During COVID-19 Pandemic

Client memorandum | November 10, 2020

Since the beginning of the COVID-19 pandemic, we have seen a torrent of litigation concerning the interpretation of force majeure clauses and the applicability of the “frustration” and “impossibility” defenses to contract, especially as applied to commercial leases.  Two recent New York State court preliminary rulings offer somewhat conflicting previews of how these doctrines may be applied to commercial leases in New York.

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