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By Eric Snyder | January 20, 2023
If a small business is a party to a lease that it wants to abandon, the Bankruptcy Code provides the company with the potential to avoid the legal obligations under this lease.
5 minute read
By Ian Sutton | January 17, 2023
There are several issues and terms to consider related to the development process that differentiate build to suit leases from a standard commercial lease that are important for the tenant to understand to effectively manage costs and effectively protect itself from delays in the development schedule.
9 minute read
By Scott Mollen | January 17, 2023
In this edition of his Realty Law Digest, Scott Mollen discusses "17 Lexington Ave. LLC v. Alison Six Star," where a blank commencement date did not render the subject lease agreement unenforceable, and "Spiegel v. 85th Estates Co.," where the court certified a class action in a tenants' suit against the landlord.
15 minute read
By ALM Staff | January 11, 2023
This ruling was selected from New York's court dockets and summarized by the Law Journal's decision editors.
2 minute read
By Scott Mollen | January 10, 2023
Scott Mollen discusses two commercial landlord-tenant cases: "195 B Owner LLC v. Anthropologie," where it was held that pandemic executive orders excused the tenant's rent obligation under its lease provision, and "558 Seventh Ave. Corp. v. PKNY IV," where the court held that an invalidate certificate of occupancy does not bar a request for use and occupancy.
12 minute read
By Allison Dunn | January 6, 2023
"Is the contract still able to be performed? If the answer is, 'No,' then there's certainly the argument that performance may be impossible or impractical, the purpose of it may have been frustrated, and so forth," said Peter Byrnes on behalf of the landlord.
6 minute read
By Scott Mollen | January 3, 2023
Scott Mollen discusses "179-94 St. LLC v. Hassan," where the parties' broad release precluded a lawsuit for alleged misrepresentation in a property sale, "Roldan v. 11610 14 Rd. LLC," where the court awarded damages to a tenant living without running water, and "Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc.," where a settlement provision barred a commercial tenant's fraudulent inducement claim.
14 minute read
By Scott Mollen | December 20, 2022
This week, Scott Mollen discusses "Consulting SS Inc. v. McKellar," where the court held that illegal units are still subject to rent stabilization, "96 Springs, LLC v. Chefs Club NY, Inc.," where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and "East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
15 minute read
By Allison Dunn | December 16, 2022
"A provision such as this bears no reasonable relationship to expected damages and is thus unenforceable as a penalty," Associate Justice Sookyoung Shin wrote on behalf of the unanimous panel.
5 minute read
By Scott Mollen | December 13, 2022
Scott Mollen discusses "215 W. 84th St Owner LLC v. Bailey," and "689 E 187th St LLC v. Mathu."
18 minute read
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