Category Archives: Force Majeure

Groom’s Family Could Not Get Visas to Attend Wedding and Executive Order Limited Number of Guests

Could Bride’s Family Invoke Contractual Force Majeure Clause to Obtain Refund of  Deposit For Wedding Band?

Adam Greenberg d/b/a  Around Town Entertainment sued Alyssa Gallagher, John Gallagher, and Diane Gallagher for breach of contract for their failure to comply with the cancellation provisions in their contract for the services of a wedding band. The court held a trial. Greenberg, represented by counsel, testified and also called Alyssa Gallagher on its case. The Gallaghers, representing themselves, presented the testimony of John and Diane Gallagher, Alyssa’s parents.

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Hotels Quiet Due to COVID Related Exec. Orders: Were the Resulting Losses Covered by Insurance?

This was originally published on the SGR Blog.

Almost every commercial enterprise carries, or is covered by, insurance policies intended and expected to cover catastrophic losses. The pandemic certainly has been catastrophic. But, as a recent case illustrates, coverage may depend upon whether or not the virus is found to have caused direct physical loss or damage. 

The plaintiff/hoteliers own and/or operate hotels in Onondaga County, two of which were affiliated with Marriott International, Inc. Zurich American Insurance Company, issued insurance to Marriott covering the hotels.

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Would Garage Be Permitted To Operate Rent Free During Pandemic?

This was originally posted on the SGR Blog.

Court Determines if Frustration of Purpose Defense Applied

The pandemic has unquestionably, materially, and adversely affected many businesses that have been directly impacted by New York State Executive and New York City administrative orders restricting work and other activities. But, as a recent case illustrates, those legal mandates and prohibitions may not suffice to sustain the defense of frustration of purpose,

Union 16 Parking LLC operates a parking garage at a building owned by East16th St. Owner LLC. TMO Parent LLC signed a good guy guarantee in connection with Union’s lease. Owner claimed that Union had not paid rent since April 1, 2020, and owed over $1 million through November 1, 2020. They argued that the lease did not permit Union to withhold rent under any circumstance. And did not contain a force majeure provision.

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COVID-19 Meets Force Majeure at the Edison Ballroom: Was Equitable Relief Warranted to Postpone Birthday Party?

This was originally posted on the SGR Blog.

The law reports are replete with contract disputes arising out of the pandemic. But, as a recent case illustrates, a force majeure clause in an agreement may be conclusive.

Adam and Randi Sanders sued to recover money deposited for an event at defendant Edison Ballroom, LLC’s facility, which did not occur due to the COVID-19 pandemic.

The parties entered into an agreement dated May 25, 2018, for the Sanders’ use of the Edison Ballroom to host an event that was to take place on April 25, 2020, to coincide with their daughter’s age-related birthday.

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