By Ian Steinberg | September 22, 2020
New York City Mayor Bill de Blasio delivered another striking blow to property owners when he signed into law N.Y.C. Council Int. No. 1932-A (2020) on May 26, 2020. The new legislation prohibits landlords from enforcing personal guaranties on certain commercial leases for defaults occurring between March 7, 2020 and Sept. 30, 2020.
New York Law Journal | Expert Opinion
By Brett S. Theisen and Mark B. Conlan | September 18, 2020
Beginning with Pier 1 and Modell's, some bankruptcy courts in retail Chapter 11 cases have been allowing debtors to suspend post-petition rent payments to their landlords, in contravention of the generally-accepted practice that such payments must continue to be made. Given the $3 trillion commercial mortgage market, this issue is of critical importance to landlords and banks.
New York Law Journal | Expert Opinion
By Scott E. Mollen | September 15, 2020
Scott Mollen discusses "Center for Specialty Care v. CSC Acquisition I," where it was held the court must recalculate the damages award for breach of lease and guaranty agreements, and "Eubanks v. Kinsler," where a landlord's refusal to sign city FHEPS forms constituted unlawful income discrimination.
Daily Business Review | Analysis
By Lidia Dinkova | September 14, 2020
The coronavirus pandemic is a bust for groups offering coworking space, but experts say changing attitudes about the need for big, dedicated space will make coworking a top option for companies in the future.
By Les Shaver | September 9, 2020
Luis Martinez-Monfort sees a "pretty high" willingness for landlords and tenants to work through rent payment issues during the pandemic.
By Marisa L. Byram | September 3, 2020
While commercial leases and the force majeure clauses contained in such leases vary widely, a recent decision may provide guidance to parties and help them to resolve similar disputes without resorting to the courts.
New York Law Journal | Expert Opinion
By Scott E. Mollen | September 1, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases "Grove St. Equities LLC v. Butensky," and "Dewald v. S&P Assocs. of N.Y."
New York Law Journal | Expert Opinion
By Warren A. Estis and Jeffrey Turkel | September 1, 2020
In their Rent Stabilization column, Warren Estis and Jeffrey Turkel discuss recent cases concerning major capital improvements (MCIs) and find that where a landlord elects to perform an MCI, it must be certain that even its minimal return on investment will be protected.
By Jane Wester | August 31, 2020
"I was describing my frustration to a colleague that the court seems to have one standard for landlords and one for tenants," the attorney said.
New York Law Journal | Expert Opinion
By Scott E. Mollen | August 18, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses the contracts case: "Korman v. Corbett," and the landlord-tenant case "Quinatoa v. Hewlett Assocs."
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