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Rob Braverman and Drew Pakett Convince Court to Require Commercial Tenant to Escrow Past Due and Future Water Charges During Pendency of Litigation

Rob Braverman and Drew Pakett obtained a favorable decision requiring a commercial tenant to escrow past due and future water charges.  BG’s client is a residential cooperative that leases commercial space to the plaintiff.  A dispute arose between the parties regarding over $175,000.00 in water charges the co-op alleges are owed by the commercial tenant.  When the dispute could not be resolved, the co-op served a default notice.  The tenant thereafter commenced an action against the co-op and sought a Yellowstone Injunction tolling the cure period.  Although the Court granted the request for a Yellowstone injunction, the Court required the commercial tenant to place not only the past due unpaid water charges into escrow, but also the future water charges as well, thereby protecting the co-op from potentially being unable to collect what could eventually be hundreds of thousands of dollars of charges.