New York Real Estate Law Reporter Staff
Tenant Violated the Lease By Changing Nature of the Restaurant
Lease’s Guaranty Clause Did Not Bind Tenant’s Principal
Yellowstone Injunction Denied Because Tenant Failed to Show It Was Willing and Able to Cure Defaults
Loft Occupant Remains Protected By Loft Law
Many courts across the country have resumed in-person trial operations. Law firms now face new challenges when it comes to planning for out-of-town trials, as the return to in-person proceedings requires coordinating travel logistics such as airfare, hotel reservations and technological needs.
Stewart E. Sterk
In Rabbi Israel Meyer Hacochen Rabbinical Seminary of America v. Town of Putnam Valley, a federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a “futility exception” to the requirement that a landowner obtain a final decision before proceeding to federal court.
Michael Bahar, Sarah Paul, Matt Gatewood and Andrew Weiner
In their consideration of possible worst-case cyber attack scenarios, organizations often focus on the various types of attacks and their relative severity. But, the worst-case scenario is not the breach, it's the reputational damage, regulatory enforcement action, the business interruption, and the inevitable litigation that follows a poorly handled breach from an unprepared organization. Given this reality, it is important to adjust planning assumptions and response scenarios to focus on addressing these drivers of post-breach exposure.
We sadly note the November passing of long-time Entertainment Law & Finance editorial board member Jay Rosenthal.
Discussion and analysis of several rulings.
The automatic stay of 11 U.S.C. § 362 is one of the most important principles of bankruptcy law. It provides crucial breathing space for the debtor to reorganize or liquidate, and avoids the piecemeal dismemberment of the estate’s assets. However, in rare instances, courts have extended stay protection to non-debtors through 11 USC § 105. This is considered extraordinary relief reserved for unusual circumstances, and may be analogized to the inherent power of federal courts under their general equity powers.
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