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Successful on Motion for Summary Judgment on both Liability and Damages in Action Against Former Commercial Tenant for Rent and Use and Occupancy Where Defendant Claimed it Was Constructively Evicted and There Was No Agreement as to Amount of Use and Occupancy When Lease Term Expired.

Successful on Motion for Summary Judgment on both Liability and Damages in Action Against Former Commercial Tenant for Rent and Use and Occupancy Where Defendant Claimed it Was Constructively Evicted and There Was No Agreement as to Amount of Use and Occupancy When Lease Term Expired.

Robin S. Abramowitz of the Firm’s Litigation Practice Group was successful on plaintiff’s motion for summary judgment where defendant opposed the motion on the basis that it was constructively evicted and that there was no agreement as to the amount of use and occupancy. The court found that (i) plaintiff made a prima facie showing of entitlement to judgment for rent, use and occupancy, real estate taxes and late fees in the form of business records; (ii) defendant failed to raise any triable issues of fact as the plaintiff’s submission established defendant remained in possession beyond the lease term; and (iii) for the recovery of use and occupancy there is an implied continuance of the tenancy on the same terms and subject to the same covenants as contained in the original lease.