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13 Jul 2021, 7:08 am by J. Sam Johnson
On June 3, 2021 in The Gap, Inc. v. 170 Broadway Retail Owner, LLC, a New York state appellate panel cast doubts on The Gap’s ability to terminate its lease based on the impossibility doctrine. [read post]
11 Nov 2020, 12:25 am
The core issue in Gap, Inc. v 170 Broadway Retail Owner, LLC is whether the tenant’s inability to use its space as a viable retail store location (due to all the COVID-19 related restrictions and regulations) triggered the application of the “frustration of purpose” and “impossibility” doctrines. [read post]