September 26, 2019

Emails as sufficient modification of a lease.

In an email, plaintiff's counsel memorialized the parties' verbal agreement that plaintiff would continue to renovate the space while defendant waited for the necessary third-party approvals to complete its work. In a responding email, defendant acknowledged that plaintiff counsel's email was accurate. This exchange constitutes a written modification of the lease, permitting plaintiff to conduct additional renovations on the space.

Bistro Shop LLC v. N.Y. Park N. Salem, Inc., NY Slip Op 06696 (1st Dep't September 24, 2019)

Here is the decision.