Mark Maltz and Lisa Segal-Bloom were mentioned in the Global Legal Chronicle article "Taconic Partners' Lease Agreement With Verizon". Continue Reading
Law360 | Reopened NY Courts Change COVID-19 Eviction Landscape
As of May 26, New York state courts have reopened for new electronically filed applications. Now that tenants have a venue to challenge improper default notices, the question becomes whether, and to what extent, landlords can exercise conditional limitations and terminate leases for nonpayment of Continue Reading
New York State Court Reopening Changes Landlord-Tenant COVID-19 Landscape
The Bottom Line As of May 26, New York State Courts have re-opened for new electronically filed applications. Now that tenants have a venue to challenge improper default notices, the question becomes whether, and to what extent, landlords can exercise conditional limitations and terminate Continue Reading
Law360 | What NY’s Eviction Moratorium Means for Landlords, Tenants
Gov. Andrew Cuomo has extended New York’s moratorium on both commercial and residential evictions through at least August 20. In addition, New York’s Civil Court (where landlord-tenant summary proceedings are typically brought and heard) remains closed to all new nonemergent proceedings and Continue Reading
When a Commercial Tenant Files Bankruptcy: What Landlords Need to Know
The rapid outbreak of the novel coronavirus (COVID-19) has caused widespread business disruptions. Bankruptcy cases will likely be on the rise as a result, particularly in hard-hit, consumer-facing industries like retail, which has already seen the recent bankruptcy filings of Payless Shoes, Continue Reading
Law360 | How to Enforce a NY Lease Guarantee Against a UK Co.
Great Britain formally left the European Union on Jan. 31. While the impacts will be far reaching, one change will be the enforcement of court judgments between the U.K. and the rest of the EU. For a judgment in an EU member state to be enforced in the U.K., parties will likely have to follow the Continue Reading
New York Law Journal | Tenants Beware: Your Cure Period May Not Be as Long as You Think
Tenants often successfully use a landlord’s failure to comply with notice requirements of a lease to seek dismissal of summary proceedings. See Parkchester Apts. Co. v. Walker, 1995 N.Y. Misc. LEXIS 738, at *2 (Civ. Ct. Bronx City. 1995) (dismissing non-payment petition because landlord failed to Continue Reading
New York Appellate Court Enforces Lease Provision Waiving Commercial Tenants’ Right to Seek Yellowstone Injunction, Strengthening Landlords’ Right to Evict
The Bottom Line Commercial tenants entering into new leases should review draft agreements carefully for explicit waivers of the right to seek Yellowstone relief and less obvious waivers of that right that are drafted more vaguely, such as provisions that:waive a tenant's right to seek Continue Reading