Eujoy Realty Corp. v. Van Wagner Communications, LLC

Summary

The New York Court of Appeals affirmed the Appellate Division’s order, holding that the lease required Van Wagner to pay the full annual basic rent for 2007 in advance on January 1, 2007 and that the alleged oral modification of the payment terms is unenforceable because of the lease’s no‑oral‑modification clause and lack of partial performance. The court also affirmed Eujoy’s entitlement to reasonable attorney’s fees under the lease. A concurring opinion joined the majority but criticized the majority’s statement of the preservation rule.