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Litigation

  • Many businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers, primarily in state courts. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.

    July 01, 2024Howard B. Epstein and Theodore A. Keyes
  • Recent appellate decisions reflect a distaste for appeals from bankruptcy court sanction orders. A split Fourth Circuit even refused to hear such an appeal. Other courts tend to limit sanctions or, alternatively, accept a bankruptcy judge's findings under a stringent "abuse of discretion" standard.

    July 01, 2024Michael L. Cook
  • What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.

    July 01, 2024Stewart E. Sterk
  • The U.S. Supreme Court has issued its most anticipated bankruptcy decision in recent memory. In a 5-4 decision entered June 27, the Supreme Court struck down the nonconsensual third-party releases. Writing for the Court, Justice Neil Gorsuch ruled that nothing in the Bankruptcy Code authorized the nonconsensual release or discharge of claims of opioid victims against the Sacklers, who were not debtors themselves.

    July 01, 2024Angelo Castaldi
  • ZBA Adequately Explains Reversal of Condition Imposed on Variance Mandamus Does Not Lie to Compel Change In Zoning Designation

    July 01, 2024New York Real Estate Law Reporter Staff
  • Notable recent court filings in entertainment law.

    July 01, 2024Entertainment Law & Finance Staff
  • No Release of Escrow When Questions of Fact Remain About Breach Questions of Fact Remain About Delay In Enforcing Easements Merger Doctrine Bars Buyer's Breach of Contract Claim Partition Claim Premature Without Judicial Investigation Reciprocal Easement Requires Cost-Sharing Secretary of State Not Required to Adopt Inspection Regulations

    July 01, 2024New York Real Estate Law Reporter Staff
  • Landlord Not Entitled To Lock Out Subtenant Landlord Did Not Release Tenant from Rent Obligation Allowable Rent Increases Permitted Luxury Decontrol

    July 01, 2024New York Real Estate Law Reporter Staff