June 6, 2013

The Supreme Court, Suffolk County has dismissed a tenant’s action claiming fraud and breach of a lease in Two Twelve Management, LLC v. Connor, Index No. 09-19815. The tenant had rented a high-end residential property in Sag Harbor, NY and planned to hold commercial events at the property, including an outdoor concert.  In an action against the landlord, the tenant claimed that the village would not allow the concert, that neighbors complained about small gatherings, and that the tenant suffered damages when it was forced to relocate its events.  The Supreme Court (Hon. Denise F. Molia), dismissed the action on the grounds that (1) the landlord made no misrepresentations, (2) the tenant failed to take reasonable steps to protect itself, (3) the lease did not guarantee that the tenants would obtain any permits (and rent was not contingent on the receipt of those permits), and (4) any action taken by the Village would not translate into a breach on the part of the landlord.