Ann Taylor Made Out Like A Bandit In Co-Tenancy Dispute

Law360, New York (January 27, 2014, 1:32 PM EST) -- It is often said that co-tenancy provisions in leases usually lead to unintended consequences. Nowhere was this adage more vividly demonstrated than in a recent case decided by a federal district court in Connecticut, titled Kleban Holding Co. LLC v. Ann Taylor Retail Inc., (D. Conn. Nov. 26, 2013).

The facts of this case are as follows. Borders had signed a lease at a Connecticut Shopping Center in April 2000, but as we now know, it later filed for bankruptcy and had to close its store...
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