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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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