August 09, 2024 | New York Law Journal
Defending a Co-op Against Derivative Claims: A Look Back to 'Auerbach'"Dismissing the derivative claims from the lawsuit can significantly change the posture of the litigation and substantially narrow the issues in the case," writes Michael A. Pensabene of Rosenberg & Estis.
By Michael A. Pensabene
10 minute read
October 03, 2023 | New York Law Journal
Are Inclusionary Air Rights Unique? Specific Performance RevisitedIn this discussion of contractual rights, Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen discuss '301 East 60th Street LLC v. Competitive Solutions,' a "guidepost to parties engaged in any contractual dispute where specific performance might be sought as a remedy."
By Gary M. Rosenberg, Michael A. Pensabene and Ethan R. Cohen
13 minute read
January 31, 2023 | New York Law Journal
'Best Efforts' Clauses in Commercial LeasesThe enforceability of undefined terms such as "best efforts" often turns on how the commercial lease is drafted. This article discusses how New York courts interpret and enforce these "efforts" clauses.
By Gary M. Rosenberg, Alexander Lycoyannis and Michael A. Pensabene
7 minute read
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