Timothy Macht

July 02, 2020 | New York Law Journal

Can Courts Introduce Legal Issues Not Raised by the Parties?

Briefs have been filed. You and your adversary have joined issue on the questions for judicial decision; but then the court introduces its own new legal issues into the case and, further, invites third parties who haven't participated in the case to submit amicus briefs. You're now watching the dispute evolve outside your control. Can judges do that?

By Timothy Macht and Derek Borchardt

10 minute read

May 05, 2020 | New York Law Journal

Overlooked by Executive Order No. 202.8 and AO/78/20: the Commercial Tenant's Need for 'Yellowstone' Relief

The availability of 'Yellowstone' relief is now more important than ever to allow commercial tenants to withhold rent and assert these defenses without risking loss of their valuable leasehold.

By Timothy Macht, Daniel A. Cohen and Jacob Gardener

11 minute read

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