Menachem J Kastner

June 04, 2019 | New York Law Journal

While the commentators have bemoaned the court's decision (especially those representing tenants), the issue before us practitioners is what do we do when negotiating a lease and more specifically, the waiver of declaratory relief?

By Menachem J. Kastner

4 minute read

August 28, 2018 | New York Law Journal

In their Commercial Real Estate column, Menachem J. Kastner and Ally Hack focus on the early termination provision, guiding the practitioner through the pitfalls of a poorly drafted early termination provision, and advise how to craft a proper and effective one.

By Menachem J. Kastner and Ally Hack

18 minute read

December 14, 2015 | New York Law Journal

While I totally agree with the conclusions reached by the authors of "Yellowstone Injunctions: Timeliness is Critical" that the 'Reisenberger' court held that assignments are per se incurable, the authors' reasoning is questionable in light of the First Department's decision in 'Artcorp Inc. v. Citireach Realty Corp.'

By Menachem J. Kastner

3 minute read

December 11, 2015 | New York Law Journal

While I totally agree with the conclusions reached by the authors of "Yellowstone Injunctions: Timeliness is Critical" that the 'Reisenberger' court held that assignments are per se incurable, the authors' reasoning is questionable in light of the First Department's decision in 'Artcorp Inc. v. Citireach Realty Corp.'

By Menachem J. Kastner

3 minute read

March 26, 2015 | New York Law Journal

Menachem J. Kastner and Ally Hack identifies the various types of commercial lease defaults that courts may find to be "incurable" as a matter of law, followed by a focus on what has been the most controversial of these defaults—the unauthorized assignment of its lease.

By Menachem J. Kastner and Ally Hack

14 minute read

March 25, 2015 | New York Law Journal

Menachem J. Kastner and Ally Hack identifies the various types of commercial lease defaults that courts may find to be "incurable" as a matter of law, followed by a focus on what has been the most controversial of these defaults—the unauthorized assignment of its lease.

By Menachem J. Kastner and Ally Hack

14 minute read

July 28, 2014 | New York Law Journal

Menachem J. Kastner and Ally Hack of Cozen O'Connor discuss 'Boyd v. DHCR' and other relevant case law, and address the question: Has the four-year rule been all but totally eviscerated, or is 'Boyd' the beginning of the four-year rule's revitalization?

By Menachem J. Kastner and Ally Hack

14 minute read

March 28, 2014 | New York Law Journal

Cozen O'Connor's Menachem J. Kastner and Ally Hack discuss the current state of the law regarding when a statute gives rise to a private cause of action, endeavoring to simplify the formula to be applied.

By Menachem J. Kastner and Ally Hack

14 minute read

July 12, 2012 | New York Law Journal

Menachem J. Kastner, a partner at Cozen O'Connor, writes that a recent appellate decision evidences the importance for commercial tenants, with annual rent escalation provisions in their leases, to review and analyze their leases and the landlord's billing statements when annual increases go into effect.

By Menachem J. Kastner

13 minute read

April 18, 2013 | New York Law Journal

Menachem J. Kastner, a member of Cozen O'Connor, and Amanda L. Nelson, an associate at the firm, ask: "What happens when the tenant does not seek recoupment, but rather stops (or decreases) future rent payments, arguing that the landlord incorrectly calculated the amounts due and that the tenant is entitled to offset future amounts by any 'overpaid' sums?"

By Menachem J. Kastner and Amanda L. Nelson

16 minute read