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By Riley Brennan | February 1, 2023
"We disagree with Pine Hill that a trial court abuses its discretion if it imposes a default judgment as a discovery sanction when the opposing party has not been prejudiced by the delay," the Virginia Court of Appeals said, affirming a lower court's order.
5 minute read
By Scott Mollen | January 31, 2023
Scott Mollen discusses "260-261 Madison Ave. LLC v. WeWork 261 Madison LLC," and NRP Mortgage Trust I v. 701 Elton Ave."
15 minute read
By ALM Staff | January 25, 2023
This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read
By Scott Mollen | January 24, 2023
Scott Mollen discusses "Palacio v. Moursy," where the court vacated the tenant's stipulation to vacate; and "Article 13 LLC v. Ponce de Leon Federal Bank" where denials of summary judgment in an action to Quiet Title to a Brooklyn property was explained.
15 minute read
By Eric Snyder | January 20, 2023
If a small business is a party to a lease that it wants to abandon, the Bankruptcy Code provides the company with the potential to avoid the legal obligations under this lease.
5 minute read
By Ian Sutton | January 17, 2023
There are several issues and terms to consider related to the development process that differentiate build to suit leases from a standard commercial lease that are important for the tenant to understand to effectively manage costs and effectively protect itself from delays in the development schedule.
9 minute read
By Scott Mollen | January 17, 2023
In this edition of his Realty Law Digest, Scott Mollen discusses "17 Lexington Ave. LLC v. Alison Six Star," where a blank commencement date did not render the subject lease agreement unenforceable, and "Spiegel v. 85th Estates Co.," where the court certified a class action in a tenants' suit against the landlord.
15 minute read
By ALM Staff | January 11, 2023
This ruling was selected from New York's court dockets and summarized by the Law Journal's decision editors.
2 minute read
By Scott Mollen | January 10, 2023
Scott Mollen discusses two commercial landlord-tenant cases: "195 B Owner LLC v. Anthropologie," where it was held that pandemic executive orders excused the tenant's rent obligation under its lease provision, and "558 Seventh Ave. Corp. v. PKNY IV," where the court held that an invalidate certificate of occupancy does not bar a request for use and occupancy.
12 minute read
By Allison Dunn | January 6, 2023
"Is the contract still able to be performed? If the answer is, 'No,' then there's certainly the argument that performance may be impossible or impractical, the purpose of it may have been frustrated, and so forth," said Peter Byrnes on behalf of the landlord.
6 minute read
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In Memoriam: Richard "Dick" K. DeScherer (1944-2024) We mourn the loss of our friend and former partner and Co-Chairman, Richard "Dick" K. DeScherer. Dick was a member of Willkie Farr & Gallagher LLP for more than 24 years. He was the consummate business lawyer, wonderful colleague and true friend. He joined the Bloomberg organization in 2012, a client for whom he had served as their principal legal advisor since their inception, and later was appointed as a member of their board. Dick's knowledge and experience were unparalleled, as evidenced by appointment to leadership and board positions at numerous well-respected organizations. He was deeply involved in civic and community engagements through his work with the S.L.E. (Lupus) Foundation, Lupus Research Institute, United Hospital Fund of New York, Lincoln Center for the Performing Arts, National Dance institute, and Baryshnikov Dance Foundation, among others. He received an LL.M. in Taxation from New York University in 1970, a J.D. from Georgetown University Law Center in 1969, and a B.A. from the University of Virginia in 1966. He was a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York. We offer our sincerest condolences to his family, including his wife Jennie, son Christopher and wife Amanda, daughter Kate, and grandchildren Emmett, Serena, George, Emily and Madeline. We will remember Dick with the utmost respect, admiration and affection. His loss will be felt by his many friends and colleagues at Willkie, and by all those whose lives he touched.
Congratulations to FLB Law's Newest Partner Matthias J. Sportini
Welcome Judge Joseph Quinn (Ret.) The Honorable Joseph P. Quinn, J.S.C., retired New Jersey Superior Court Judge, served for 23 years in the court s Civil, Chancery, and Family Divisions, where he was a strong proponent of mediation and alternate dispute resolution. As the head of Ansell.Law s mediation practice, Judge Quinn provides a valuable resource to parties seeking a final and efficient resolution of their disputes. ANSELL GRIMM & AARON, PC 732-922-1000 https://ansell.law/