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Last May, the Court of Appeals handed down a 4-3 decision in 159 MP Corp. v Redbridge Bedford, 33 N.Y.3d 353 (2019). The facts and opposing opinions were faithfully reported at length in many publications [including this one, as well as] the New York Law Journal’s June 18, 2019 Court of Appeals Roundup column by William T. Russell Jr. and Lynn K. Neuner. I have concluded, however, that further comment and analysis is warranted on the three-judge dissent, which, if adopted by the majority, would have fundamentally altered the very foundation of New York contract law. The court has, for many decades, consistently adhered to interpretive approaches focused on enforcing the contracting parties’ intent, as revealed in the plain language set forth within the four corners of an agreement. In sharp contrast, the dissent advanced a novel, policy-based means of adjudicating contract disputes that would put an end to the predictability and stability that have become hallmarks of New York contract law, and the reasons why contracting parties have so often specified application of New York law in their agreements.
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Sui Generis: Collaborate Like You Mean It
By Lydia Pilch
Part Three of a Series
This article offers up some thoughts about how lawyers ought to access and manage resources in order to provide a multi-faceted, full-service approach to addressing their clients’ needs.
Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?
By Steven M. Silverberg
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
By Andrew C. Kassner and Joseph N. Argentina Jr.
Given that landlord damage claims could overwhelm other creditor claims in a tenant’s bankruptcy case, the Bankruptcy Code includes a provision that limits a landlord’s claim, which presents challenges for landlords as creditors in bankruptcy cases.
Due Diligence Commercial Leasing Best Practices In New Jersey
By Zachary Rosenberg
Due diligence for CRE loans involves a comprehensive review and analysis of the various conditions and risks associated with the property being mortgaged, with the goal of mitigating such risks to the greatest possible extent before closing the loan.