Case Notes
March 01, 2018
Moratorium Invalidated Where Consideration of Zoning Changes Not Planned<br>In Texas, LLCs Cannot Be Made to Pay Attorney Fees<br>No Interaction, No Equitable Tolling
From Tension to Success: Broker-Owner Relationships in Retail Leasing
February 01, 2018
If you are involved in lease negotiations on behalf of retail asset owners, you already know that at least some tension inevitably arises while moving the deals along. This article gives focus to the tension, and suggests that the tension is not only desirable, but important to help improve negotiation results for all concerned.
Lender's Choice In Naming Defendants Is Under Assault
February 01, 2018
Can a foreclosing plaintiff choose whom to name as a party defendant in a foreclosure action? In New York, in the absence of prejudice to the defaulting property owner, the answer is yes. Although a recent holding of New York's Appellate Division, Second Department, tacitly suggests “no,” the case may not have addressed the actual controlling principles.
Case Notes
February 01, 2018
Trial Required to Disprove Malice<br>Court Upholds Conditions Imposed on Zoning Variance<br>Lease Identified<br>Notice of Termination Not Defective for Being Sent By Attorney<br>Hearing Required to Determine Whether Lease Denied for Unconstitutional Reasons
The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey
January 01, 2018
A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.
'Trial of the Century' Takes on Hell or High Water
January 01, 2018
<b><i>Will a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?</i></b><p>There is change afoot in the equipment leasing marketplace, and it portends a potentially seismic shift in the perception, usefulness and utility of the well-tested HOHW clause.