Landlord & Tenant Law
        
      April 01, 2024
    
 Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
 
        Sui Generis: Draft Like You Mean It
        
      March 01, 2024
    
 The automatic acceptance of various boilerplate clauses in commercial leases in the face of jurisprudential modernity and evolving legal approaches is dangerous. The evolutionary exploits of a commercial lease aren't done yet, nor should they be.
 
        NYC Guarantor Liability for Post-Window-Period Rent
        
      March 01, 2024
    
 In Tamar Equities Corp. v. Signature Barbershop 33 Inc., the Appellate Division analyzed whether the Guaranty Law bars recovery from a guarantor where a commercial tenant's default initially arose during the Guaranty Law's window period, but persisted after its expiration.
 
        Exploring Debt Restructuring Options for CRE Owners
        
      March 01, 2024
    
 In the dynamic landscape of real estate, commercial real estate owners often find themselves facing financial challenges that necessitate a strategic approach to debt management. In such cases, exploring debt restructuring options becomes a crucial consideration.
 
        Guarantor Liability for Post-Window-Period Rent
        
      March 01, 2024
    
 In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
 
        'Yellowstone' Injunctions: Navigating the Wild West of Commercial Lease Disputes
        
      March 01, 2024
    
 The Yellowstone injunction is implicated in nearly every lease for commercial real property in the state of New York, yet most landlords and tenants do not know what it is or how it affects them. Below is a succinct overview of its implications so that commercial landlords and tenants can better navigate lease disputes.
 
        Landlord & Tenant Law
        
      March 01, 2024
    
 Illegality Defense Raises Questions of Fact
Good Guy Guaranty Not Released
Exchange of Texts Does Not Constitute Settlement Agreement
Landlord's Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal