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Contracts Keyed to Epstein
A/R Retail LLC v. Hugo Boss Retail, Inc.
Citation:149 N.Y.S.3d. 808, 72 Misc.3d 627 (2021)
A/R Retail, LL is the landlord of the luxury indoor shopping center known as The Shops at Columbus Circle. Hugo Boss is a fashion brand that sells men’s and women’s high-end apparel, shoes and accessories. Since 2012, Hugo Boss has leased a retail store in the Shops under the terms of a 13-year lease. On March 7, 2020, as the COVID-19 pandemic swept through New York, the governor issued an executive order that mandated commercial and retail closures. Landlord closed the shops and tenants’ employees were barred from accessing the premises. On September, 2020, the Shops reopened to the general public. Since then, the Store has continued to remain open for business but state guidelines limited occupancy in the store to 50% of the maximum allowable amount and decreased the operating hours. The sale has considerably decreased. The defendant argues that it need not comply with the contractual obligations due to the frustration of purpose of renting the place.
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