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Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures that will inevitably result from current economic and social factors (including social distancing). Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the “continuous operations provision” found in mall leases.
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By Eamon P. Joyce and Cassandra Liu
This article focuses on a recent decision upholding a pipeline developer’s exercise of eminent domain under New York law in National Fuel Gas Supply Corp. v. Schueckler.
Condemnee Entitled to Consequential Damages To Contiguous Parcel
Valuation for Prospective Use Rejected
Statute of Frauds Bars Lease Claim
Buildings Constitute Horizontal Multiple Dwelling
No Agreement to Renew
No Wrongful Eviction When Subtenant Remains On Premises
Alleged Title Defect Did Not Excuse Failure to Close
Statute of Limitations Bars Foreclosure Claim
Statute of Limitations Did Not Extinguish Mortgage