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When Do COVID-19 Shutdown Orders Excuse Lease Guarantors?
By Stewart E. Sterk
Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.
By NYRE Staff
Questions of Fact Remain About Whether Landlord Had Released Corporate Tenant from Liability
Yellowstone Injunction Does Not Require Proof of Likelihood of Success
Guaranty Expired With Tenant’s Initial Lease Term
Illegal Use Does Not Preclude Rent Stabilization Status
Guarantor Immunity Does Not Apply to Pre-COVID Breaches
Class Certification Appropriate for Claim of Improper Deregulation
By NYRE Staff
Statements By Condo Board Members Cloaked In Common Interest Privilege
Shareholder Entitled to Maintenance Abatement for Breach of Warranty of Habitability
By NYRE Staff
Deference to Trial Court’s Determination on Mortgage Priority
No Broker Commission for Sale After Expiration of Tail Period
Co-Owner Who Did Not Execute Mortgage Not Subject to Equitable Lien By Mortgagee
Insufficient Evidence of Delay to Support Laches Defense Against Claim to Set Aside Deed As a Forgery
Statements Did Not Defeat Hostility In Adverse Possession Claim
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