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Daily Archives: Friday, March 15, 2019

Posted: March 15, 2019

Lease’s Rent Credit Provision Unenforceable Penalty

On February 28, 2019, the First Department issued a decision inĀ Free People of PA LLC v. Delshah 60 Ninth, LLC, 2019 NY Slip Op. 01505, holding that a lease’s rent credit was an unenforceable penalty, explaining: The trial court correctly determined, giving due consideration to the nature of the contract and the circumstances, that the... Read more »