Scott Mollen Illegal Lockout; Unpaid Assessments and Maintenance; Nonpayment Eviction: This Week in Scott Mollen's Realty Law Digest
Scott Mollen discusses "Oneway Boutique v. 681 Bay," "36 W. 35th Apt. Corp. v. Oliveira," and "2108 Amsterdam LLC v. Rodriguez."
November 28, 2023 at 01:47 PM
14 minute read
Commercial Landlord-Tenant—Alleged Illegal Lockout—Landlord Entitled To Rely On Apparent Authority of Member of Tenant LLC To Surrender the Premises—Landlord Not Unjustly Enriched Since Surrender Ended the Tenancy and Surrender Agreement Provided That Landlord Waived Arrears
A retail tenant (LLC) commenced a proceeding against its landlord on or about Aug. 16, 2023, seeking relief from "an alleged illegal lockout" in violation of NYC Admin. Code §22-902 (§ 22-902).
The proceeding was brought by one member of the petitioner LLC, "A," on behalf of the LLC. The petitioner claimed to be the "lawful occupant and tenant of record." "A" alleged that on or about July 23, 2023, the respondent landlord (landlord) "illegally removed petitioner's contents from the premises and changed the locks, effectively preventing entry by petitioner."
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Greenberg Traurig shareholders Christina M. Carroll and A. Michael Pratt have entered appearances for the Secretary of the Pennsylvania Department of Banking and Securities, Wendy Spicher in a pending civil rights lawsuit. The case, filed Aug. 13 in Texas Northern District Court by Troutman Pepper Hamilton Sanders; Ashcroft Sutton Reyes; and Locke Lord on behalf of TMX Finance Corporate Services, seeks to challenge the secretary’s ongoing attempt to regulate commercial lending activity outside the Commonwealth of Pennsylvania. The suit furthers contends that the secretary issued an investigative subpoena to TMX for potential violations of the Pennsylvania Loan Interest and Protection Law and the Consumer Discount Company Act despite TMX's business activities not being governed by such. The case, assigned to U.S. District Judge David C. Godbey, is 3:24-cv-02054, TMX Finance Corporate Services Inc v. Spicher.
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