By Tom McParland | May 28, 2020
A group of landlords in Westchester County on Thursday sued New York Gov. Andrew Cuomo over his executive order extending a moratorium on evictions during the COVID-19 crisis, saying the measure violated their contract and due process rights and amounted to an improper taking of their property under the U.S. Constitution.
By Terrence Dunn | May 26, 2020
Can a commercial tenant that is required to be closed during the COVID-19 pandemic be relieved of, or does it have a defense to, the obligation to continue to pay rent? The short answer is possibly yes, but the situation is unprecedented and the answer may have to be determined in litigation.
New York Law Journal | Expert Opinion
By Scott E. Mollen is a partner at Herrick, Feinstein. | May 26, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "4 BAB LLC v. Beacon Health Options Inc," where the court dismissed breach claim where the subject amendment did not negate the lease's early termination rights.
Daily Business Review | Profile
By Lidia Dinkova | May 22, 2020
A Coral Gables hospitality attorney who is helping retailers stay afloat during the coronavirus economic crisis says the next step is to reconcile the opposing concepts of social distancing and profits.
New York Law Journal | Expert Opinion
By Scott E. Mollen | May 19, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Matter of Watson, U.S. Bankruptcy Court," where the landlord was found not subject to a code provision barring eviction for nonpayment of discharged rent, and "159 W. 23rd LLC v. Spa Ciel De NY Corp.," where the landlord was granted summary judgment of possession for the tenant's incurable insurance defaults.
By Lidia Dinkova | May 19, 2020
The new order comes amid reports of renters getting eviction notices despite federal, state and local moratoriums during the pandemic.
By Tom McParland | May 15, 2020
The recent flurry of amicus briefs came as a full panel of the Manhattan-based appeals court is set to rehear arguments in the case, in a rare move for a circuit court that is well known for its hesitance to grant en banc rehearings.
By Lidia Dinkova | May 15, 2020
Miami-Dade and Broward counties are embarking on partial reopening Monday, but the pace of business is expected to be a trickle rather than a flood.
New York Law Journal | Commentary
By Paula Z. Segal, Cheryl Walker and Catherine Humphreville | May 15, 2020
The City has the legal authority to suspend rents for commercial tenants impacted by the pandemic and stabilize commercial rents in the long term.
By Mark Loeterman | May 12, 2020
Given the difficulty of predicting how force majeure clauses will be interpreted, considering the breadth of the health care emergency, both landlords and tenants may be motivated to negotiate a re-structuring of their respective lease obligations.
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