Partners Jeremy Colby and Andrew Miller recently obtained summary judgment for a national retailer in a commercial lease dispute in New York State Supreme Court (Monroe County). The landlord was seeking approximately $230,000.00 from its former tenant. The court denied the landlord’s motion for summary judgment and granted the former tenant’s cross-motion for summary judgment, dismissing the Complaint and granting summary judgment on the counterclaims seeking a return of $50,680.20. The court agreed that the former tenant’s obligations under the lease ended when the landlord executed an “Amended and Restated Lease” with a new retailer because it was a new lease that superseded the earlier lease.
