Majestic Rayon Corp. v. Soho Office Suites, LLC
Landlord sued Lessee for use and occupancy of commercial lease.
No. 651740/2022, slip op. (N.Y. Sup. Ct. Mar. 30, 2023) [USA]
Topics: Breach of Lease; Failure to Cure; Letter of Credit; Summary Judgment; Use and Occupancy
Parties:
• Plaintiff/Landlord/Beneficiary – Majestic Rayon Corp.
• Defendant/Lessee/Applicant – Soho Office Suites, LLC
Note:
To support commercial rent obligations, Soho Office Suites, LLC (Lessee/Applicant) applied for and obtained a USD 449,895.85 letter of credit in favor of Majestic Rayon Corp. (Landlord/Beneficiary).[[1]] No details were provided regarding the LC issuer or whether the credit was subject to practice rules. Pursuant to the lease, Lessee/Applicant was also required to replenish “upon ten days’ notice” any sums drawn down by Landlord/Beneficiary in the event of lease defaults.