Bartelby The Scrivener Strikes Again

In a recent decision by the Supreme Court of the State of New York (the “Court”), Big City Outdoor, LLC (“Plaintiff”) was denied summary judgment in a contract dispute arising from a 2017 lease agreement for advertising window space at 35 Wall Street (the “Agreement”) with CS Wall Street LLC (“Defendant”). Plaintiff argued the Agreement provided for a six-year term with a unilateral option to renew and that performance was only temporarily suspended while scaffolding obstructed the windows. Plaintiff claimed that once the obstruction was removed, Defendants wrongfully denied access to the advertising space and allowed third parties to use the same, despite Plaintiff’s continuing contractual rights. Defendant argued that the Agreement either terminated when the premises was leased to JTRE 23 WS (DEL) LLC (“Co-Defendant” and together with Defendant, “Defendants”) or expired on December 31, 2023 and further contended that the renewal provision was unenforceable because it lacked