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August 18, 2020 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, discusses the contracts case: "Korman v. Corbett," and the landlord-tenant case "Quinatoa v. Hewlett Assocs."
15 minute read
August 18, 2020 | New York Law Journal

Reviewing New York's Commercial Lease Defenses to Paying Rent

Few landlords and commercial tenants have been completely immune from the governmentally imposed economic shutdown and COVID-19's wrath. Adam Leitman Baily and Dov Treiman discuss the three traditional theories under which commercial tenants can seek forgiveness of their rent.
14 minute read
June 09, 2020 | New York Law Journal

Residential Building Laws of the COVID-19 Pandemic

Adam Leitman Bailey and John Desiderio look at the short and long-term legal implications and issues affecting residential living during COVID-19 pandemic.
21 minute read
May 26, 2020 | New York Law Journal

COVID-19 Relief Legislation Tests Constitutional Limits

Local government in New York City has adopted recent legislation adversely impacting commercial landlords by abolishing personal guarantees that were used at lease inception, to induce those landlords to enter into those leases. Based upon longstanding legal precedent, this legislation could be found to be facially invalid on constitutional grounds.
8 minute read
April 08, 2020 | New York Law Journal

'Regina' Decision Nixes HSTPA's Rent Overcharge Retroactivity

The 'Regina' decision will have significant reverberations for the real estate market going forward, as it will unfreeze the chill over the purchase and sale of rent-regulated buildings.
8 minute read
April 07, 2020 | New York Law Journal

Third-Party Tenant Harassment Poses Dilemma For Landlords

New York common law has long shielded landlords from tort liability for intentional injury suffered by one tenant at the hands of another tenant, unless the landlord "has the authority, ability, and opportunity to control the actions of the assailant." However, this shield was recently pierced by the Second Circuit in Francis v. Kings Park Manor, discussed here by Adam Leitman Bailey and John Desiderio.
11 minute read
April 01, 2020 | New York Law Journal

Contractual Nonperformance in the Wake of COVID-19

Like other major disasters, the litigation that will ensue will be monumental, and the wars between tenants and landlords are already underway.
9 minute read
March 31, 2020 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein, discusses "Tompkins 183 LLC v. Marsha Frankel," and "U.S. Bank N.A. v. Haskins."
15 minute read
March 26, 2020 | Litigation Daily

Freeze in Most NY Civil Filings Brings Concern, Frustration for Litigators

"It's a great handicap, it's major, and I don't like it," said real estate lawyer Adam Leitman Bailey. "We have been filing, but the only things we're filing are affidavits of service and orders to show cause when we have emergencies."
5 minute read
March 26, 2020 | New York Law Journal

Freeze in Most Civil Filings Brings Concern, Frustration for New York Litigators

"It's a great handicap, it's major, and I don't like it," said real estate lawyer Adam Leitman Bailey. "We have been filing, but the only things we're filing are affidavits of service and orders to show cause when we have emergencies."
5 minute read

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