Warren Estis, left, and Alexander Lycoyannis. Courtesy photos Conditional Limitation v. Condition Subsequent: An Important Distinction in the COVID-19 Age
As commercial rent defaults significantly increase due to the COVID-19 pandemic, practitioners reviewing the default provisions in their clients' commercial leases must ask themselves a crucial question: Does the provision set out a conditional limitation or a condition subsequent? The answer to this arcane question—which can trip up even experienced attorneys—will determine the forum in which an owner can recover possession.
October 06, 2020 at 01:08 PM
7 minute read
In our last column, we discussed the ability of owners to commence ejectment actions in Supreme Court as an alternative to holdover proceedings in the New York City Civil Court's landlord-tenant part (or the analogous part in other local courts)—an option being chosen by many owners in light of the COVID-19 pandemic grinding landlord-tenant cases to a virtual halt. The pandemic is affecting the choice between ejectment actions and holdover proceedings in another significant way.
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