Court Vacates Landlord’s Notice Of Default On Lease Due To Incorrect Rent Commencement Date Identified In The Notice

Posted: April 13, 2026 / Written by: Channing J. Turner, Joshua Wurtzel, Samuel L. Butt, Thomas A. Kissane / Category Commercial

Court Vacates Landlord’s Notice Of Default On Lease Due To Incorrect Rent Commencement Date Identified In The Notice

On March 3, 2026, Justice Joel Cohen granted summary judgment, in part, against a commercial landlord and vacated the landlord’s notice of default to its tenant on the basis that the notice had incorrectly identified the rent commencement date. In JTRE 23 WS (Del) LLC v. CS Wall Street LLC, Index No. 654992/2021, a landlord moved for partial summary judgment and requested that a Yellowstone injunction granted to its tenant be vacated, while the tenant cross-moved. The landlord had issued a notice of default against its tenant due to, among other things, failure to pay rent beginning from a contractual rent commencement date. The tenant argued that, under the lease, the rent commencement date occurred thirty days after disbursement of certain downpayment funds, and the landlord had misidentified that date. Although there were many other disputes between the parties, some of which remained live, the Court found in favor of the tenant on this issue, explaining:

Landlord’s Notice of Default must be vacated because it is based on an incorrect Commencement Date (June 2021). Therefore, there is no current Notice that could serve as the basis for termination of the Lease. Therefore, Tenant’s Fourth Claim for an Injunction enjoining Landlord from taking any steps to terminate the lease based on the Notice of Default is granted.

The attorneys at Schlam Stone & Dolan have extensive experience with commercial real estate disputes and litigation. Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning such issues.