New York Law Journal | Expert Opinion
By Scott E. Mollen | February 2, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the landlord-tenant case 'Avignone v. Valigorski.'
New York Law Journal | Expert Opinion
By Warren A. Estis and Alexander Lycoyannis | February 2, 2021
In their last column, Warren A. Estis and Alexander Lycoyannis discussed the COVID defenses of impossibility and frustration of purpose and analyzed two of the first known decisions applying them in commercial landlord-tenant disputes during the pandemic. Here, they summarize four recent lower court rulings applying the COVID defenses in commercial landlord-tenant cases.
By Angela Morris | January 25, 2021
"It issues a warning to other lawyers of potential consequences of making up your own facts in litigation," said opposing counsel Foster Johnson, an associate with Ahmad Zavitsanos Anaipakos Alavi Mensing in Houston.
New York Law Journal | Expert Opinion
By Scott E. Mollen | January 19, 2021
Scott E. Mollen discusses the commercial landlord-tenant case "188 Ave. A Take Out Food Corp. v. Lucky Jab Realty Corp," and the construction case "Turner Constr. Co. v. Nastasi & Assoc."
By Ira S. Goldenberg, Chair, Real Property Law Section | January 15, 2021
Ira S. Goldenberg, chair of the Real Property Law Section, describes some of the CLE programs the section will present. They will focus on the effects of the pandemic as well as other topics of interest to real estate attorneys.
The Legal Intelligencer | Commentary
By Sherry S. Thomas and Stephen Valero | January 8, 2021
The novel COVID-19 pandemic rocked our world in 2020—the legal world being no exception. It forced legislatures, court systems and legal practitioners to change the way we do business, especially in the area of landlord-tenant law.
New York Law Journal | Analysis
By Joshua Wurtzel | December 23, 2020
In April, author Joshua Wurtzel published an article advising struggling commercial tenants how they may avoid their rent obligations during the COVID-19 pandemic. Most of that advice remains viable today. Eight months later, this article turns to struggling commercial landlords with advice on how to maneuver through these times.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 22, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Columbia University v. D'Agostino Supermarkets," a decision involving a clash of competing public policy considerations: freedom to contract, enforceability of settlement agreements and the unenforceability of illegal penalties.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 15, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Wyona Apts. LLC v. Ramirez," where the court held that a virtual trial did not violate the respondents' due process rights, and "204 E. 38th LLC v. Sons of Thunder LLC," where an administrative code provision barred the lessor from seeking recovery based on a personal guaranty.
New York Law Journal | Expert Opinion
By Adam Leitman Bailey and John M. Desiderio | December 15, 2020
Fifteen years after their article, "Self Help Evictions: The Neglected Commercial Remedy," Adam Leitman Bailey and John Desiderio address and update the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.
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