Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Landlord & Tenant Law

By New York Real Estate Law Reporter Staff
March 01, 2024

Illegality Defense Raises Questions of Fact

 TM 18 Realty, LLC v. Copper Wang, Inc., 2023 WL 8792623, AppDiv, Second Dept. (memorandum opinion)

In landlord's action for breach of contract, tenant appealed from Supreme Court's denial of its summary judgment motion dismissing causes of action for breach of the lease and for account stated. The Appellate Division modified to grant the motion with respect to the cause of action for account stated, but otherwise affirmed, holding that questions of fact remained about tenant's defense of illegality.

Landlord leased the premises to tenant for the express purpose of operating a scrap metal business of the premises. Tenant contended that the certificate of occupancy did not permit that use, and that the lease was void for illegality. Landlord then brought this action for unpaid rent, alleging breach of contract and also seeking recovery for account stated. Supreme Court denied tenant's summary judgment motion, and tenant appealed.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Removing Restrictive Covenants In New York Image

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

The Benefits of Blockchain for e-Discovery and Data Preservation Image

As businesses across various industries increasingly adopt blockchain, it will become a critical source of discoverable electronically stored information. The potential benefits of blockchain for e-discovery and data preservation are substantial, making it an area of growing interest and importance.