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COVID-19 Defenses: Case Law Update
In their last column, Warren A. Estis and Alexander Lycoyannis discussed the COVID defenses of impossibility and frustration of purpose and analyzed two of the first known decisions applying them in commercial landlord-tenant disputes during the pandemic. Here, they summarize four recent lower court rulings applying the COVID defenses in commercial landlord-tenant cases.Former New York City Bar Diversity and Inclusion Director Deborah Martin Owens Joins Sidley
And other announcements of recent hirings and promotions of New York attorneys.When Does a Building Have Six or More Units?
A body of law has developed over the years to determine whether a building is subject to rent stabilization by virtue of the number of housing accommodations therein. Warren Estis and Jeffrey Turkel summarize this case law.'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?
As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.2020 Professional Excellence Awards
The full listing of all our 2020 honorees in seven categories: Lifetime Achievement Award, Attorney of the Year, Distinguished Leaders, Rising Stars, Litigation Departments of the Year, Innovation Awards and In-House Impact Awards.Litigation Departments of the Year 2020
Honoring the top department in general litigation and two general litigation finalists as well as top specialty practice departments.Litigation Department of the Year, Real Estate: Rosenberg & Estis
There isn't a single real estate matter that we aren't prepared to handle, and when an unprecedented circumstance arises, we are the first firm to come back with a solution.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.Trending Stories
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