Law Offices of Gary Martin Hays & Associates
P.C.
75 Ponce De Leon Ave NE Ste 101
Atlanta,
GA 30308(470) 294-1674
www.garymartinhays.com
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.
New York Law Journal | Analysis
By Linton Mann III and William T. Russell Jr. | December 15, 2020
In their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss a recent decision in which the court unanimously reaffirmed the principle that "parties are free to agree to a liquidated damages clause provided that the clause is neither unconscionable nor contrary to public policy." However, the judges split 4-3 on the issue of whether the relevant damages clause in a commercial lease was unenforceable as a matter of law because it was so grossly disproportionate to the ascertainable amount due upon full performance.
New York Law Journal | Expert Opinion
By Scott E. Mollen | December 8, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses three landlord-tenant cases: "The Shack Collective Inc. v. DeKalb Market Hall," "Cook v. Fairfax Mgmt Corp.," and "631 Edgecombe, LP v. Walker."
New York Law Journal | Expert Opinion
By Warren A. Estis and Alexander Lycoyannis | December 1, 2020
As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.
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