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
Are Recent Regulations Dooming Franchising?
March 01, 2024
In 2024, franchising may need to overcome and work around the recent government regulation that goes to the very heart of the franchising relationship and the way franchise businesses operate,