On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, which began by posing the following question: "Can a banana taped to a wall be art?"
August 01, 2022Robert W. Clarida and Thomas Kjellberg
How far back from accrual of a claim may a plaintiff reach for copyright damages?
August 01, 2022Stan SoocherShareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach
August 01, 2022NYRE StaffThe defendant "was a 'mere conduit' of [a] fraudulent transfer and cannot be liable to the bankruptcy estate for funds she never knew about," held the U.S. Court of Appeals for the Second Circuit in In re BICOM N.Y., LLC.
August 01, 2022Michael L. CookCopyright Standing and Fifth Circuit Trade Dress Factors
August 01, 2022Howard Shire and Stephanie RemyClass Certification Appropriate for Claim of Improper Deregulation
August 01, 2022NYRE STaffMerger and acquisition activity across the CRE spectrum is likely to continue to be high, though deals will likely be concentrated across the industrial and residential sectors, according to Deloitte.
August 01, 2022Lynn PollackNashville Federal Court Decides Spotify CEO Daniel Ek Must Sit for Deposition in Copyright Licensing Dispute Over Streaming of Eminem Songs
August 01, 2022Stan SoocherSection 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.
July 01, 2022Stewart E. SterkQuestions 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
July 01, 2022NYRE Staff
