Thomas C Lambert

July 24, 2024 | New York Law Journal

A look at the key factor(s) present in most recent cases where the corporate veil was pierced.

By Thomas C. Lambert and Steven Shackman

13 minute read

June 14, 2024 | New York Law Journal

"At first blush, adding to the Chinatown test a requirement that the notice instruct the tenant "how to cure" might be viewed as a boon to tenants, because it imposes upon the landlord, as the drafter of the notice, an additional prerequisite to the notice's effectiveness. But in fact, such a requirement would substantially diminish the tenant's rights."

By Thomas C. Lambert and Steven Shackman

14 minute read

August 01, 2019 | New York Law Journal

A discussion of the inconsistencies associated with the term “legal possession” with the authors concluding that the term has no single, definite, fixed meaning. In fact, separate authorities ascribe different meanings and neither of those “official” meanings is consistent with the most common usage, i.e., “lawful possession.”

By Thomas C. Lambert and Steven Shackman

11 minute read

July 30, 2009 | New York Law Journal

Thomas C. Lambert and Steven Shackman, members of Lambert & Shackman, write: The term of a lease is pre-maturely terminated on the fifth day of a month. How much rent is due for that month? The entire monthly rent? A pro-rated amount? Nothing? If the tenant tendered the full monthly rent, must a portion be returned? If the landlord accepts the entire monthly rent, does that vitiate the termination or at least entitle the tenant to remain in possession for the rest of the month? The uncertainty that may arise from these questions is based on a misapprehension commonly held not only by laypersons, but also by many experienced attorneys.

By Thomas C. Lambert and Steven Shackman

7 minute read

May 27, 2009 | New York Law Journal

Thomas C. Lambert and Steven Shackman, members of Lambert & Shackman, write: The question of what is and what is not an appurtenance depends on the parties' intent, which often must be inferred from the circumstances. Although certain items have commonly been held to be appurtenances, it appears from the case law that there is no particular limit on what now, or in the future, could be held to be an appurtenance, so long as it is reasonably necessary to beneficial use and enjoyment of the premises.

By Thomas C. Lambert and Steven Shackman

11 minute read

November 12, 2010 | New York Law Journal

Thomas C. Lambert and Steven Shackman, members of Lambert & Shackman, write that to prematurely end the term of a lease based on a tenant default, there is a chain of events which must occur: (i) a material default, (ii) service of the notice of default, (iii) expiration of the required time period of opportunity to cure, (iv) service of the notice of termination, and (v) commencement and prosecution of a summary holdover dispossess proceeding.

By Thomas C. Lambert and Steven Shackman

12 minute read