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Fate of Acceleration Clause After Landlord Retakes the Property
In their Landlord-Tenant column, Warren A. Estis and Michael E. Feinstein discuss the Court of Appeals decision in '172 Van Duzer Realty v. Globe Alumni' on the enforceability of an acceleration clause after the landlord retakes possession of the premises.
The Enforceability of No-Waiver Provisions in Commercial Leases
As with any other provision in a negotiated commercial lease between sophisticated parties of relatively even bargaining power, courts will generally enforce "no waiver" provisions. Nevertheless, courts sometime hold — again, as with any other commercial lease provision -- that no-waiver provisions can themselves be waived.
Arbitration Ordered in $1.5 Billion Queens Development Project
A dispute over a deed that has been holding up a $1.5 billion waterfront development in Queens has been ordered into arbitration.Proprietary Lease 'Trumps' Business Judgment Rule
In their Landlord/Tenant column, Warren A. Estis and Michael E. Feinstein of Rosenberg & Estis discuss "Kaplan v. Park South Tenants Corp," where the court issued an injunction enjoining a co-op from interfering with a tenant's alterations.Are Yellowstone Waivers Enforceable?
Rosenberg & Estis partners Jeffrey Turkel and Joshua Kopelowitz write that with no appellate authority on whether a waiver in a commercial lease of a tenant's right to seek a Yellowstone injunction is enforceable, lower courts have taken three different approaches: denial of Yellowstone relief on other grounds; refusal to enforce the waiver, on public policy or other grounds; and enforcement of the waiver.
Are Yellowstone Waivers Enforceable?
Rosenberg & Estis partners Jeffrey Turkel and Joshua Kopelowitz write that with no appellate authority on whether a waiver in a commercial lease of a tenant's right to seek a Yellowstone injunction is enforceable, lower courts have taken three different approaches: denial of Yellowstone relief on other grounds; refusal to enforce the waiver, on public policy or other grounds; and enforcement of the waiver.TRENDING STORIES
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