Covid landlord-tenant disputes filed Monday: Friedland, ATCO, 34th Street retail

By Adam Pincus

Landlords and tenants filed three lawsuits in New York City yesterday over rent payments to be made during the Covid pandemic.

In the largest, landlord Friedland Properties claimed tenant Tumi Stores ceased paying rent in April and owes $552,457 in back rent for a retail space in the Apthorp at 2205 Broadway in the Upper West Side.

In the second of the suits, the owner of 381 Park Avenue South, ATCO Property & Management, claimed an office tenant owes $108,222 in back rent. The suit also sought to enforce payment of $988,407 in future rent.

In the third, it was the tenant that sued the landlord. In this instance, a souvenir tenant claimed the 10-year lease signed in 2019 for space in 126 West 34th Street should be terminated because of its force majeure provision. The tenant sought to recover $210,000 that it had provided as a letter of credit to the landlord, and which the landlord drew down. The Base rent started at $840,000 in 2019. The tenant sent a notice seeking to terminate the lease because of force majeure on March 11, 2020. On Aug. 19, 2020, the landlord sent a demand letter for $373,471.95. Then the landlord drew down the $210,000 in letter of credit.