Schieber and Honig VictoriousSeptember 30, 2015 |
Evan Schieber and Jeremy Honig scored a major victory on behalf of a commercial landlord after a multi-day trial in Supreme Court, Suffolk County, in a hotly contested commercial lease dispute. The crux of the action was whether the defendant-tenant exercised an option to renew the lease and was bound through the expiration of the renewal term. Relying on the compelling evidence presented at trial, the Court found that landlord convincingly established that the tenant, had in fact, exercised the option to renew. The court also rejected all of tenants’ defenses. As a result, the Court found that the tenant was responsible for all of the sums that accrued during the renewal term. The Court further imputed personal liability to tenant’s principal, who served as the guarantor under the lease. As a result, the landlord obtained a substantial judgment against both the tenant and the guarantor for rent and additional rent due under the lease, together with an award of attorneys’ fees.