The recent decision inReliastar Life Insurance Co. of New York v. Home Depot U.S.A., Inc., 570 F.3d 513 (2nd Cir. 2009), illustrates once again the limits of a
Sometimes Hell Does Freeze Over
The recent decision in <i>Reliastar Life Insurance Co. of New York v. Home Depot U.S.A., Inc.</i> illustrates once again the limits of a purchaser's or lender's ability to rely on an estoppel certificate, especially when a tenant is entitled to claim constructive eviction. Moreover, the court determined that constructive eviction would trump a "hell or high water" commitment to pay rent.
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