Features
Andrew C. Kassner
&
Joseph N. Argentina Jr.
Section 365 of the Bankruptcy Code, which governs the disposition of executory contracts, has specific provisions regarding the disposition of commercial real estate leases in bankruptcy, including the rights of a tenant to remain in possession of the leased premises when the landlord files a bankruptcy case and rejects the lease. But what rights does a tenant have with regard to the security deposit delivered by the tenant to the landlord?
Columns & Departments
NYRE Staff
Rent Obligations of Successor Tenant to Rent-Controlled Apartment Commences At Prior Tenant's Death
Landlord Not Entitled to Attorneys' Fees Incurred In Defending Unsuccessful Class Action
Columns & Departments
ELF Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Features
Michael L. Cook
A bankruptcy court preliminary injunction should be reviewable as of right because of Supreme Court precedent, the rulings of other courts and common sense.
Columns & Departments
NYRE Staff
Administrator's Deed Divested Distributees of Ownership Interest
No Rescission of Deed When Mistake Was Not Mutual
Restrictive Covenant Did Not Bar Educational Use
Issues of Fact About Mortgagee's Knowledge of Fraud Precludes Summary Judgment
No Private Right of Action to Enforce Food Cart Regulations
Features
Allison Dunn
The Massachusetts Appeals Court recently reversed a judgment in favor of a landlord in a tenant default matter, finding that a provision of a commercial lease that accelerated the remaining rent as liquidated damages is unenforceable as a penalty. The opinion "brings uncertainty to thousands of existing commercial lease agreements."
Features
Francis J. Lawall
&
Marcy J. McLaughlin Smith
Many practitioners have been speculating as to how courts will address the potential remedy for the unconstitutional U.S. trustee fees imposed against Chapter 11 debtors pending in U.S. trustee districts under the 2017 amendment to 28 U.S.C. Section 1930.
Features
Adam Leitman Bailey
&
John M. Desiderio
In the past two years, in litigations between commercial landlords and commercial tenants, appellate courts continued to issue decisions on topics, unrelated to COVID questions, that should interest all real estate attorneys and their clients.
Columns & Departments
NYRE Staff
Absence of Itemized Statement Did Not Justify Cancellation of Co-Op Corporation's Liens
Jury Trial Waiver Enforced
Statute of Frauds Prevents Enforcement of Gift of Co-Op Shares
Mitchell-Lama Occupant Successor Occupant Entitled to Injunction Tolling Exclusive Purchaser Period
Features
Dan Roe
Practitioners Weigh In
If anyone was holding out hope for a tidal wave of corporate bankruptcies in 2022, it's time to abandon ship. If that was part of your 2023 budget, don't get on the ship altogether.
