Commercial Litigation

  • New York's 2019 Rent Laws: Impact on Commercial Landlords

    NY Gov. Andrew Cuomo signed legislation modifying existing rent laws and enacting significant landlord-tenant reforms. To date, the real estate industry has focused primarily on the sweeping impact the new laws will have on residential tenancies and the deregulation of rent-stabilized apartments. The reforms, however, also dramatically impact commercial tenancies by altering non-residential summary proceedings and significantly hampering the ability of commercial landlords to respond effectively and quickly to tenant defaults.

    September 01, 2019Daniel J. Ansell

  • Case Notes

    Despite State Law, Merger Extinguishes Renewal Rights of Successor in Interest Court May Rely on Parole Evidence to Show Illegal Purpose of Sublease

    September 01, 2019ssalkin

  • Deciphering the Tax Status of Leased Property

    Is a property leased to a farming tenant a commercial property or an agricultural property? What about a building leased to a government entity? The distinction can make a difference in the tax laws that apply to the parcel.

    August 01, 2019Janice G. Inman

  • How a Call to Service May Impact Rights and Obligations Under a Lease

    When members of the military are be called into action, the impact could be felt right here at home by our commercial landlords, especially those whose tenants are composed of businesses owned or operated by a sole proprietor, or an owner with one or two employees.

    August 01, 2019Andrew Dector

  • Lessor Repossession of Property on Eve of Lessee Bankruptcy: Voluntary Turnover or Face Contempt

    Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until the debtor obtains an order of turnover.

    August 01, 2019Theresa A. Driscoll

  • Let Freedom (of Contract) Ring: Yellowstone Waivers Are Enforceable

    This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant's right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.

    July 01, 2019Joshua Kopelowitz and Richard Corde

  • Landlord Considerations When Drafting Assignment and Subletting Provisions

    Restricting a tenant's right to transfer the property it is leasing to a third party is a key component to any lease. Many lenders require landlords to obtain lender consent before the transfer is effective. Failure to obtain such consent could lead to a landlord's default under the terms and conditions of the loan documents, so it is imperative for a landlord to review its loan documents each time it receives a request from a tenant to transfer its interest under the lease.

    July 01, 2019Mark Morfopoulos

  • Retail's New Normal

    Welcome to the evolving world of retail — a world that is geared toward changing the way people engage in retail and retail destinations feature a blend of entertainment, experiences and services.

    July 01, 2019Natalie Dolce

  • Does a Roof's Warranty Remain Effective Under Solar Panels?

    The growing interest in alternative fuel sources may be a boon for property owners seeking new ways to generate profits and savings. But care should be taken when a roof is the proposed site of a solar-panel installation, whether managed by a property owner or by a lessee.

    July 01, 2019Jonathan B. King