Tenant wins $2M rent credit, fees for bad AC during Covid
The Real Deal highlighted a recent New York Appellate Division ruling on behalf of Herrick's client, the highly respected plaintiff's class action law firm Wolf Haldenstein Adler Freeman & Herz LLP ("Wolf Haldenstein"), in a dispute with their Manhattan landlord. The Court's decision upheld a multi-million dollar ruling that the State of New York Supreme Court, Commercial Division ruled in favor of Wolf Haldenstein.
The New York’s Appellate Division ruled that affiliates of landlord ABS Partners Real Estate must credit Wolf Haldenstein over $2 million in rent and legal fees after the office owner failed to complete renovations on the firm’s two floors of leased space, including a revamp of the heating and air conditioning systems.
Lead Herrick partner on the matter, Scott Mollen, noted that the HVAC issues lasted through the pandemic, forcing partners, associates, staff and clients, once they returned to the office, to deal with a system that failed to adequately circulate fresh air.
The Appellate Division upheld the ruling that the landlord should pay a $1.2 million rent credit, $100,000 in moving expenses and $700,00 in attorneys' fees.
The Herrick team included Scott Mollen, Alan Kaplan, Andrew Wagner and Devin Ness.
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