One of the many reasons you should have an experienced NYC commercial lease attorney draft and review your commercial lease is that all leases — both residential and commercial — contain implied covenants. These are like “invisible” provisions/clauses deemed by New York law to exist in every contract. Those not experienced with lease law will […]
Read more...CAM expenses and why do Tenants Have to pay them?
In addition to the rent in NYC commercial leases, tenants must pay CAM expenses based on the rented square footage. CAM is an acronym that stands for “common area maintenance.” Examples of “common areas” would include the atrium space in an office building, green spaces and landscaping on the exterior of a building, common elevators, […]
Read more...Can Commercial Landlords and Tenants succeed in opposing the NYC Street-Vendor Free-for-All Law?
Following a viral online video of NYC sanitation workers throwing away fresh fruits and vegetables confiscated from a Bronx street vendor with no license, support has surged for a state bill intended to lift nearly all limits on street vending in NYC. The legislation, sponsored by Sen. Jessica Ramos, would remove limits on street vending […]
Read more...How Might NYC Lessors React if Commercial Rent Control is Enacted?
As reported by media outlets, City Councilman Stephen Levin has re-introduced legislation to impose commercial rent control here in NYC. See Crain’s New York Business report here. Levin introduced his bill in 2019 but was unsuccessful in getting the legislation to a vote. No one is sure whether Mayor DeBlasio is supportive. It is a […]
Read more...Punitive Damages in New York Breach of Contract Cases
Understanding Punitive Damages in New York Cases Generally, under New York law, that answer is no; punitive damages are not recoverable in business-to-business litigation involving breach of contract claims. In brief, compensatory damages are the type of damages that can be recovered for breach of contract. Compensatory damages compensate a party for a breach of […]
Read more...Negotiating Force Majeure Clauses in NYC Commercial Leases
We recently wrote about the frustration of purpose doctrine regarding New York commercial leases and COVID-19. In this article, we discuss a different kind of legal doctrine that might be used to allow a party to be excused from its contractual obligations: “force majeure” provisions. Unlike the frustration of purpose doctrine, which depends on the […]
Read more...ADA Defense and Compliance
ADA Defense and Compliance for NYC Commercial Leasing The federal American With Disabilities Act (“ADA”) outlaws discrimination based on disability in “places of public accommodation.” See 42 USC § 12181, et seq. “Public accommodation” has a broad meaning and includes pretty much any commercial space. Suppose you are negotiating a commercial lease, among many other […]
Read more...NYC Commercial Lease Litigation, COVID-19 and the Frustration of Purpose Doctrine
Under New York contract law, the frustration of purpose doctrine is a legal principle that, under certain rare circumstances, allows one party to evade its obligations under a contract. The Frustration of Purpose doctrine only applies if “circumstances” have changed so that one party’s performance is virtually worthless, thereby frustrating the purpose of making the […]
Read more...Glenn Wright Appointed to New York City Bar Association’s Real Property Law Committee
The Wright Law Firm is pleased to report that Glenn Wright has been appointed to the New York City Bar Association’s Real Property Law Committee for a term beginning Aug 01, 2021, and ending Jul 31, 2024 (Class of 2024). As a committee member, Glenn will participate in shaping law and public policy by commenting and testifying on legislation, submitting briefs, drafting […]
Read more...Some Basics for Negotiating an NYC Commercial Real Estate Lease
Every lease negotiation is different because every commercial space and potential tenant’s needs are unique. However, there are quite a few “basics” to commercial lease negotiations daily, even though each solution will be unique. An NYC Commercial Real Estate lease is complex. You need to retain a New York attorney with experience in negotiating one. […]
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