Real Estate Owners – Secured Order for Use and Occupancy Payments in Ground Lease Dispute
Herrick successfully obtained a court order requiring a commercial tenant to make use and occupancy payments during the pendency of an eviction and nonpayment action. The matter involved Gramercy Park Partners, LLC, owner of 2 Lexington Avenue—the site of the iconic Gramercy Park Hotel—seeking relief against its tenant for failure to pay rent and real estate taxes. The Supreme Court of New York directed the defendants to pay ongoing use and occupancy at the lease rate, as well as all outstanding and future real estate taxes.