From left: Developer Charles Cohen, 1400 Broadway and Anthony Malkin, president of W&H Properties

Developer Charles Cohen is suing W&H Properties, alleging that the company violated a long-term lease at its 1400 Broadway tower by failing to obtain permission to renovate the 38-story property between 38th and 39th streets, Crain’s reported. Cohen is seeking to have the lease terminated. The lease began in 1962 and could be extended all the way to 2063. Last week, the New York Times reported that Cohen was trying to terminate W&H Properties’ lease at 112 West 34th Street for the same reason. “We are seeing a pattern of arrogance from W&H,” said Warren Estis, a partner at Rosenberg & Estis, which is presenting Cohen. [more]

Chart clarification: While CBRE data puts Durst’s portfolio at 7.2 million square feet, a Durst spokesperson later said that figure is actually 9 million.

Asking rents plunged for some of Midtown’s top landlords last year as they competed for the few tenants searching for space in a weak leasing market, but their reductions helped keep their vacancy rates below the market average, experts said. The family-owned Durst Organization dropped its asking rents to $60.82 per square foot in November 2009 from $113.15 per square foot in August 2008, near the pricing peak of the leasing market, according to the most recent data available on Midtown’s top 10 landlords from commercial services firm CB Richard Ellis. The Real Deal compared data from August 2008 to November 2009 for the top 10 landlords in Midtown ranked by square feet owned. The 46 percent decline was the steepest among Midtown’s top 10 landlords, who control 93 million square feet, or about 41 percent of the market. Landlord and tenant leasing broker Cynthia Wasserberger, a managing director at commercial firm Jones Lang LaSalle said the landlords cut prices to attract tenants and keep their buildings filled. “I think all the landlords got aggressive. They were pretty swift in their decision to respond to the market,” Wasserberger said. [more]