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
By Scott Mollen | January 3, 2023
Scott Mollen discusses "179-94 St. LLC v. Hassan," where the parties' broad release precluded a lawsuit for alleged misrepresentation in a property sale, "Roldan v. 11610 14 Rd. LLC," where the court awarded damages to a tenant living without running water, and "Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc.," where a settlement provision barred a commercial tenant's fraudulent inducement claim.
14 minute read
By Scott Mollen | December 20, 2022
This week, Scott Mollen discusses "Consulting SS Inc. v. McKellar," where the court held that illegal units are still subject to rent stabilization, "96 Springs, LLC v. Chefs Club NY, Inc.," where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and "East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
15 minute read
By Allison Dunn | December 16, 2022
"A provision such as this bears no reasonable relationship to expected damages and is thus unenforceable as a penalty," Associate Justice Sookyoung Shin wrote on behalf of the unanimous panel.
5 minute read
By Scott Mollen | December 13, 2022
Scott Mollen discusses "215 W. 84th St Owner LLC v. Bailey," and "689 E 187th St LLC v. Mathu."
18 minute read
By Adam Leitman Bailey and John M. Desiderio | December 13, 2022
In this month's column, Adam Bailey and John Desiderio discuss important commercial leasing decisions unrelated to the pandemic.
14 minute read
By Gary M. Rosenberg, Alexander Lycoyannis and Zachary J. Rothken | December 6, 2022
In their Landlord-Tenant Law column, Gary Rosenberg, Alexander Lycoyannis and Zachary Rothken focus on two specific parts of the proposed amendments to the Rent Stabilization Code, which DHCR says are intended to address changes made by the Housing Stability and Tenant Protection Act of 2019 and court decisions issued since the most recent Rent Stabilization Code amendments in 2014.
7 minute read
By Emily Cousins | November 22, 2022
"The court, I think, found a way to allow a third party to benefit from an obligation that's otherwise between two spouses," counsel for the defendant Douglas J. Lewis of Evans & Lewis said.
2 minute read
By Scott Mollen | November 22, 2022
Scott Mollen discusses two landlord-tenant cases: "West 49th St., LLC v. O'Neill," and "Apartment Owners Advisory Council v. Marks."
19 minute read
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