COVID-19 Defenses: Frustration of Purpose, Impossibility, and Force Majeure

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At the onset and during the height of the COVID-19 pandemic, many commercial tenants that were unable to pay rent raised legal defenses (including arguments based on the doctrines of frustration of purpose and impossibility as well as the force majeure provisions in their leases) seeking to be excused from nonpayment and their other lease obligations. Nearly three years, New York courts have had ample opportunity to decide numerous cases between commercial landlords and tenants. 

This program will provide attorneys with an update regarding the viability of COVID-era defenses, as well as practical litigation tips for counsel.

 

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