Through defendant talent agency, plaintiff hired several performers for a rock concert to be held in April 2020. Under the contract, plaintiff made a $6 million deposit that was non-refundable. However, the contract had a force majeure clause which defined force majeure broadly enough to include cancellation of the concert due to COVID restrictions. However, the clause further provided that… Read More
COVID-19 closure orders did not excuse Fitness' nonperformance of its lease obligations. The closure orders allowed commercial construction and so did not justify its stopping renovation of the leased premises as required by the lease. The force majeure clause of the lease didn't excuse either stopping construction or failing to pay rent as neither of those "acts" were prevented by… Read More
The force majeure clause in the parties' lease allowed a party to defer performance if a force majeure delayed, interrupted or prevented performance of obligations under the lease. This decision holds that though COVID-19 and related governmental restrictions on use of the premises for its intended purpose as a brewpub, the pandemic did not delay, interrupt or prevent the tenant… Read More
Fitness leased a building from SVAP. The lease was for a period of 15 years with 3 five-year renewals at the tenant's option. In the 20th year of the lease, COVID hit, and the tenant was forced by government orders to shutter its gym facility for several months. This decision holds that despite the financial hardship the tenant suffered, it… Read More
