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'Genuine Lack of Understanding' or Bad Faith? Appeals Court Affirms Default Judgment as Discovery Sanction

"We disagree with Pine Hill that a trial court abuses its discretion if it imposes a default judgment as a discovery sanction when the opposing party has not been prejudiced by the delay," the Virginia Court of Appeals said, affirming a lower court's order.
5 minute read

New York Law Journal

Piercing a Tenant's Corporate Veil; Appointment of a Receiver: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "260-261 Madison Ave. LLC v. WeWork 261 Madison LLC," and NRP Mortgage Trust I v. 701 Elton Ave."
15 minute read

New York Law Journal

Decision of the Day: Court Grants Summary Judgment for $8M in Base Rent For Law Firm's Landlord in Lease Dispute

This ruling was selected and summarized by the New York Law Journal's decision editors.
2 minute read

New York Law Journal

Stipulation Vacated; Action to Quiet Title: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "Palacio v. Moursy," where the court vacated the tenant's stipulation to vacate; and "Article 13 LLC v. Ponce de Leon Federal Bank" where denials of summary judgment in an action to Quiet Title to a Brooklyn property was explained.
15 minute read

New York Law Journal

Getting Out of Commercial Leases Under the New Bankruptcy Code

If a small business is a party to a lease that it wants to abandon, the Bankruptcy Code provides the company with the potential to avoid the legal obligations under this lease.
5 minute read

Law.com

Development Issues for Tenants to Consider In Build to Suit Leases

There are several issues and terms to consider related to the development process that differentiate build to suit leases from a standard commercial lease that are important for the tenant to understand to effectively manage costs and effectively protect itself from delays in the development schedule.
9 minute read

New York Law Journal

A Blank Commencement Date; J-51 Program: This Week in Scott Mollen's Realty Law Digest

In this edition of his Realty Law Digest, Scott Mollen discusses "17 Lexington Ave. LLC v. Alison Six Star," where a blank commencement date did not render the subject lease agreement unenforceable, and "Spiegel v. 85th Estates Co.," where the court certified a class action in a tenants' suit against the landlord.
15 minute read

New York Law Journal

Decision of the Day: Court Vacates Default Judgment Against Tenant Who Suffers From Drug Addiction

This ruling was selected from New York's court dockets and summarized by the Law Journal's decision editors.
2 minute read

New York Law Journal

Regulatory Takings and 'U&O' Requests: This Week In Scott Mollen's Realty Law Digest

Scott Mollen discusses two commercial landlord-tenant cases: "195 B Owner LLC v. Anthropologie," where it was held that pandemic executive orders excused the tenant's rent obligation under its lease provision, and "558 Seventh Ave. Corp. v. PKNY IV," where the court held that an invalidate certificate of occupancy does not bar a request for use and occupancy.
12 minute read

Law.com

Judgment Reversed: COVID-19 Restrictions, Economic Challenges Alone Don't Excuse Tenants' Failure to Pay Rent

"Is the contract still able to be performed? If the answer is, 'No,' then there's certainly the argument that performance may be impossible or impractical, the purpose of it may have been frustrated, and so forth," said Peter Byrnes on behalf of the landlord.
6 minute read

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