Legal Opinion

Solow v. Avon Products, Inc.

Civil Court of the City of New York

Decided January 21, 1976Published

1Opinion of the CourtNorman C. Ryp, J.

Current national crises plug into currently charged and electrifying legal issues.

Does a State administrative agency’s (New York State Public Service Commission) accelerated electrical rate change procedures connected with the 1973-1974 "energy crisis” justify a landlord’s noncompliance, under the doctrine of impossibility or impracticality of performance, with prior demand requirements for electricity "fixed rent” raises under a commercial lease?

FACTS

This was a key issue, among others, in this nonjury, commercial nonpayment summary proceeding. Petitioner landlord ("landlord”) charged, in his…

2Cases cited13 opinions

  1. Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
  2. Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
  3. Rodolitz v. Neptune Paper Prods.New York Court of Appeals · 1968
  4. Cameron-Hawn Realty Co. v. . City of AlbanyNew York Court of Appeals · 1913
  5. Farrell Lines, Inc. v. City of New YorkNew York Court of Appeals · 1972

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