Strawberry Fields For Sale
December 01, 2018
On Oct. 3, 2018, the Chapter 11 Liquidating Plan of Eclipse Berry Farms, LLC was confirmed, concluding a two-year journey from one of the largest strawberry growers in the country to the cessation of operations and eventual liquidation.
Early Termination Provisions: A Landlord's Saving Grace … If Done Right
November 01, 2018
The focus of this article is the “early termination provision,” a lease provision that affords landlords the tactical advantage they need. Specifically, this article seeks to: 1) guide the practitioner through the pitfalls of a poorly drafted termination provision; and 2) advise the practitioner how to craft a proper and effective termination provision.
When Can a Landlord's Consent to Assignment be Reasonably Withheld?
October 01, 2018
Assignment provisions in a commercial lease often boil down to the following seemingly simple, but more often than not complex, standard: that the lease may only be assigned or the premises subleased with the landlord's consent, not to be unreasonably withheld. The following examples of case law illustrate how courts have construed this provision under various circumstances.
Store Closing Lease Rejection in 'Shiekh Shoes'
October 01, 2018
Store closing or liquidation sales are a routine part of Chapter 11 cases involving retail debtors. These sales are consistently authorized by bankruptcy courts, despite lease provisions purporting to forbid them.
Summary of Developments Under New York's Environmental Quality Act
September 01, 2018
The courts issued 41 decisions in 2017 under the New York State Environmental Quality Review Act, and changes were made to regulations themselves this year. This article summarizes the most important of these cases and regulation changes, and the patterns they represent.
Waiving the Right to <i>Yellowstone</i> Injunctive Relief
August 01, 2018
In a case of first impression, and after it decided public policy would not be offended, New York's Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a <i>Yellowstone</i> injunction in <i>159 MP Corp. v. Redbridge Bedford,</i>
Lease Rejection in Shiekh Shoes
August 01, 2018
Store closing or liquidation sales are a routine part of Chapter 11 cases involving retail debtors. These sales are consistently authorized by bankruptcy…