Joseph I Farca

September 18, 2017 | New York Law Journal

Joseph I. Farca: Your commercial tenant went dark and dropped the keys off before the expiration of the lease, leaving you with back rent on the books and no tenant paying ongoing rent. Against a tenant who is no longer in possession a landlord-tenant summary proceeding is not an option to recover the back rent, and never could get future rent. But with an effective rent acceleration clause and good guy guaranty, there is a little-used legal procedure that could allow the landlord to quickly pursue the guarantor for lost back and future rents: a motion for summary judgment in lieu of complaint.

By Joseph I. Farca

6 minute read

August 03, 2017 | New York Law Journal

Joseph I. Farca reviews Board of Managers of '125 North 10th Condominium v. 125North10', where the Second Department extended to a condominium sponsor's principals and members the rule which precludes claims against sponsors (construction defect, in the instant case) based on their alleged violations of the offering plan, merely by reason of those individuals' certification of the offering plan in accordance with the requirements of the Martin Act.

By Joseph I. Farca

9 minute read