Rosenberg Fortuna & Laitman LLP 666 Old Country Road, Suite 810, Garden City, NY 11530
New York Corporate Law Attorney Firm Overview Professionals Press Room Contact Us Call us at (516) 228-6666 or fax us at (516) 228-6672 110 East 59th Street, New York, NY 10022
Large enough to serve you, small enough to know you
Practice Areas
Commercial Litigation Practice
Corporate Practice
Internet Technology Practice
Real Estate Practice
Employment Practice
Appellate Practice

Send us an email today to get started

Rosenberg Fortuna & Laitman, LLP Strikes Victory Against National Retailer on Breach of Ground Lease

Rosenberg Fortuna & Laitman, LLP, successfully represented at trial the ground lessor of a ten (10) acre parcel of commercial property located in Suffolk County, New York in a dispute with the ground lessee, a major national retailer which was to construct a "big box" retail store.

The zoning and approval process continued for several years and a building permit was finally obtained by the retailer. However, at the time the building permit was obtained, the national economy was in a tailspin and, unbeknownst to the gound lessor, the retailer internally decided to cancel twenty-three (23) projects throughout the country. The retailer purported to terminate the ground lease on the grounds that a permit, which the retailer itself had deferred obtaining, had not yet been obtained. On behalf of its client, the firm commenced an action to declare the retailer in default of the ground lease seeking damages for the difference in the rental value between the agreed upon rate in the lease and the then depressed market value over the twenty (20) year term of the lease. In addition, the ground lessor is seeking the depreciated value of the building it would have received at the end of the lease. After a trial in Supreme Court, Suffolk County, Commercial Division, a written decision was rendered which declared the retailer to be in default of the ground lease with damages to be determined in a subsequent proceeding. Partner David I. Rosenberg, Esq. and associate, Anthony R. Filosa, Esq., represented the ground lessor on behalf of Rosenberg Fortuna & Laitman, LLP.

Attorney Web Design

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Rosenberg Fortuna & Laitman, LLP
Located at 666 Old Country Road, Suite 810, Garden City, NY 11530.
Phone: (516) 228-6666.
Website: .