Escalations and Rents - the Defensive Side of the Voluntary Payment Doctrine

, New York Law Journal


Menachem J. Kastner, a member of Cozen O'Connor, and Amanda L. Nelson, an associate at the firm, ask: "What happens when the tenant does not seek recoupment, but rather stops (or decreases) future rent payments, arguing that the landlord incorrectly calculated the amounts due and that the tenant is entitled to offset future amounts by any 'overpaid' sums?"

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