Monthly Archives: February 2017

“Much Ado About [Almost] Nothing”

De Minimis Non Curat Lex: The law does not concern itself with trifles.

Eastside Exhibition Corp. v. 210 E. 86th St. Corp., 2012 NY Slip Op 01321 (Court of Appeals of New York February 21, 2012)

The Court of Appeals summarized the questions presented:

In this appeal, we are asked to consider whether a minimal and inconsequential retaking of space that has been leased to a commercial tenant constitutes an actual partial eviction relieving the tenant from all obligation to pay rent. We conclude, under the circumstances of this case, where such interference by a landlord is small and has no demonstrable effect on the tenant’s use and enjoyment of the space, total rent abatement is not warranted.

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