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Contracts Keyed to Dawson
AGW Sono Partners, LLC v. Downtown Soho, LLC
Citation:
343 Conn. 309, 273 A.3d 186 (2022)Facts
In December 2018, Downtown Soho entered into a ten-year lease agreement with TR Sono Partners (later assigned to AGW Sono Partners) for premises at 99 Washington Street in South Norwalk to operate a fine dining restaurant called Blackstones Bistro. The lease specified the premises were “to be used as for the operation of a first-class restaurant and bar selling food, beverages, and related accessories.” Ahmetaj personally guaranteed all obligations under the lease. The defendants first defaulted in January 2020, before the pandemic, citing slower winter business.
In March 2020, Governor Lamont issued executive orders in response to the COVID-19 pandemic that closed restaurants to in-person dining until May 20, 2020, when outdoor dining was permitted. Indoor dining at 50% capacity was allowed beginning June 16, 2020. The bistro closed completely between March 11 and May 27, 2020, reopened for outdoor dining on May 28, and later for limited indoor dining. The defendants made no rental payments after March 2020.
The plaintiff declined the defendants’ request to forgive rent for March through May 2020 and served a notice to quit. The defendants vacated the premises by September 11, 2020. The plaintiff secured a new tenant, Sono Boil, in November 2020 at a lower rent with six months of free rent as a concession.
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