Lender's Choice In Naming Defendants Is Under Assault
Can a foreclosing plaintiff choose whom to name as a party defendant in a foreclosure action? In New York, in the absence of prejudice to the defaulting property owner, the answer is yes. Although a recent holding of New York's Appellate Division, Second Department, tacitly suggests “no,” the case may not have addressed the actual controlling principles.
Case Notes
Trial Required to Disprove Malice<br>Court Upholds Conditions Imposed on Zoning Variance<br>Lease Identified<br>Notice of Termination Not Defective for Being Sent By Attorney<br>Hearing Required to Determine Whether Lease Denied for Unconstitutional Reasons
The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey
A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.
'Trial of the Century' Takes on Hell or High Water
<b><i>Will a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?</i></b><p>There is change afoot in the equipment leasing marketplace, and it portends a potentially seismic shift in the perception, usefulness and utility of the well-tested HOHW clause.
Surviving the Retail Shift
<b><i>Looking Ahead: Lessons Learned.</i></b><p><i><b>Part Five of a Five-Part Series.</i></b><p>As Mark Twain quipped, "The reports of my death are greatly exaggerated." So too is the reported retail "apocalypse" and "death" of the shopping center. In fact, U.S. retailers opened 1,326 more locations in 2017 than they closed. When restaurants are added to the mix, there were a total of 4,080 new openings in 2017 and another 5,050 openings planned this year.
