Landlord & Tenant Law
July 01, 2022
Questions of Fact Remain About Whether Landlord Had Released Corporate Tenant from Liability
Yellowstone Injunction Does Not Require Proof of Likelihood of Success
Guaranty Expired With Tenant's Initial Lease Term
Illegal Use Does Not Preclude Rent Stabilization Status
Guarantor Immunity Does Not Apply to Pre-COVID Breaches
Class Certification Appropriate for Claim of Improper Deregulation
Applying 'Part Performance' In Practice
July 01, 2022
The doctrine of part performance can overcome the strictures of the Statute of Frauds when parties enter into unwritten business deals, or into written business deals with unwritten ancillary terms and they do not contemplate all of the possible circumstances that might arise in the course of their dealings.
Do COVID-19 Shutdown Orders Excuse Lease Guarantors?
July 01, 2022
Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.
Long Term Demand Should Shield Commercial Real Estate from Inflation Impact
July 01, 2022
The U.S. economy is "still strong" and will support commercial real estate space demand, though inflation will remain a multi-year headwind, forcing the Fed to tighten monetary policy. And though rising interest rates may restrain CRE transaction activity, it won't be on a broad basis, with effects most visible in the property types and markets with the most aggressive pricing run-up over the last few years.
The Interplay Between Vendor Finance Agreements and Bankruptcy
July 01, 2022
While regularly used among lenders, manufacturers, and dealers, treatment of Inventory financing program agreements in bankruptcy is not uniform, and uncertainty exists with respect to how such agreements may be treated in the context of a manufacturer's Chapter 11.
Commercial Assets Feel Pinch of Climbing Interest Rates and Inflation
July 01, 2022
Inflation revs up the acceleration engine and, as a response, the Fed makes the biggest single hike in interest rates in four decades, with the promise of more to come. The changes in monetary policy are causing rising issues for capital markets and financing for commercial real estate.
Landlord & Tenant Law
June 01, 2022
Habitability and Harassment Claims Survive Motion to Dismiss
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses
Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment
Renovations Qualified Apartment for High-Rent Vacancy Decontrol
COVID-19 Does Not Excuse Failure to Pay Rent
A Primer on Landlord Exculpatory Provisions In Leases
June 01, 2022
Keystone Specialty Services Co. v. Ebaugh
Practitioners should take note that depending on the jurisdiction, a well-drafted exculpatory clause may afford additional protections to a commercial landlord, even from its own negligent acts.
