Emily Shoor

Obtained a significant recovery for a commercial landlord in an arbitration proceeding against a national gym tenant that failed to abide by its obligation to vacate the client’s premises at the end of its lease “in good condition reasonable wear and tear excepted.”

Prevailed on behalf of a private medical practice and its majority shareholders in a "business divorce" arbitration against one of their founding shareholders after uncovering that he was working to create a competing practice. After successfully compelling arbitration in NJ Superior Court, contentious motion practice and discovery, and a seven-day hearing, a three-arbitrator AAA panel found that the practice proved its claims for breach of fiduciary duty and breach of contract, and rejected the founder's minority shareholder oppression claim. The panel awarded the practice significant equitable relief, including enforcing a two-year restrictive covenant and ordering that the practice buy out the founder for only one-third of the fair value of his 25 percent interest under their shareholders' agreement's punitive, for "cause" termination provision.

Won a writ of mandate against a city, striking the city's decision that our client must pay more than $5 million in relocation costs to close its mobile home park for redevelopment. The court held instead that the city was the responsible party because it had failed to renew the park's zoning variance.

Achieved a complete victory for the landlord after a multi-day arbitration before AAA against a large, international health and fitness company centering on rent withheld during the pandemic. In a 23-page award, the arbitrator found that the doctrines of frustration of purpose, impossibility, impracticability, and force majeure were inapplicable and awarded the landlord full relief, including attorneys' fees. 

Won a complete victory on behalf of the landlord in a closely watched commercial landlord-tenant dispute before the New York Appellate Division (First Department). At the outset of the COVID-19 pandemic, The Gap (the international clothing store) stopped paying rent for many of its retail stores, including the premier space in the building owned by our client in lower Manhattan. The Gap preemptively sued for a declaration that the lease had terminated because of the pandemic, citing the doctrines of "frustration of purpose" and "impossibility of performance," among other arguments. The trial court partially granted our motion to dismiss, but left the "frustration" and "impossibility" claims and defenses in the case. On appeal, the Cozen O'Connor team secured dismissal of all of The Gap's remaining claims, and the company was ordered to pay both back rent and future rent. The case was the first time the appellate courts in New York had directly addressed the ubiquitous "frustration" and "impossibility" defenses relating to the pandemic.