Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
1710 Realty, LLC v. Portabella 308 Utica, LLC NYLJ 12/11/20, p. 33, col. 4 AppDiv, Second Dept. (memorandum opinion)
In commercial landlord's action to recover damages for breach of contract, tenant appealed from Supreme Court's award of summary judgment to landlord on the issue of liability. Based on its construction of the lease terms, the Appellate Division modified to award summary judgment to tenant, but denied attorney's fees to tenant.
The subject lease had apparently conflicting provisions. Section 13.1 provided that landlord would deliver the premises as is, while section 2.1 provided that the lease would commence on the latest of three dates, one of which was the date on which landlord delivered occupancy in broom clean condition , free of the prior tenant's personal property and fixtures. The lease further gave tenant a right to terminate if the premises were not delivered within 90 days of the date of the lease's execution. When landlord delivered the premises, there were five truckloads of the prior tenant's material on the premises. After 90 days had passed, tenant notified landlord that it was exercising its right to cancel. Landlord then brought this action, contending that any debris remaining on the premises was de minimis, and that landlord contracted to deliver the premises as is. Supreme Court awarded summary judgment to landlord, and tenant appealed.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.