Warning
Info
- - tl;dr
- - ICRA
- - Facts & Holding
- - DeepDive
0 0
United States District Court for the Eastern District of New York - 871 F. Supp. 147
Tags: Property, Landlords, Tenants, Repudiation
Video Summary
DeepDiveHighlight a legal term to see the definition
The case involves a dispute between landlord plaintiffs and tenant defendant Taco Bell Corporation over a commercial ground lease. The defendant failed to obtain necessary permits and administrative approvals to construct and operate a restaurant on the premises within the contractual "permitting period" and served a written repudiation of the lease on the plaintiffs on the same day. The court ruled that the plaintiffs were not required to accept the defendant's repudiation of the lease. However, the plaintiffs' affirmative conduct of re-renting the property for their sole benefit constituted acceptance by operation of law, leading to the termination of the lease as of November 1993. The defendant is liable for all rent due under the lease up to November 1993, including base rent and additional rent. The plaintiffs are not entitled to rent beyond October 1993 as they accepted the defendant's repudiation and surrender of the lease, which discharges the tenant from all liability for rent in the future. The court does not award any amounts for "architectural services" as part of additional rent. Commercial lessors have no obligation to mitigate damages, unlike residential landlords who have a duty to do so.
LSD+ Case Briefs
Features
- DeepDive for detailed case analysis
- Over 50,000 existing case briefs
- Instant briefs for another 6,000,000 cases
- Highlight dictionary for legal term definitions
- Social learning with chat and high points
Over 50,000 Cases Briefed
LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.
14-Day Free Trial
Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.
Integrated Legal Dictionary
Lawyers and judges love to use big words. And Latin, for some reason.
Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.
DeepDive
DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.
Brief anything. Instantly.
Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.
Social Learning with Chat and High Points
Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.
Real-Time Brief Feedback
Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.