February 21, 2013

The Supreme Court, Suffolk County has upheld a prospective tenant’s action for specific performance of a 49-year commercial lease in Flying Point, LLC v. Killybegs Realty Corp., Index No. 03-2521. The lease at issue involved a parcel of vacant land in Southampton, New York.  The owner of the property, after negotiating and then signing the lease documents, denied that the signatory had any authority to bind the owner as the landlord in the lease.  After conducting a trial, the court found the owners’ testimony to be not credible, upheld the prospective tenant’s action, and concluded that the lease was enforceable.