Most people probably think “business litigation” is similar to the dramatic trial presentations on television and in the movies. But real-world litigation rarely involves drawn-out, full-blown courtroom trials. Indeed, more than 90% of litigation cases settle long before a trial is scheduled. Moreover, almost every litigated case involves a procedure called “summary judgment,” which is […]
Read more...Category: Commercial Real Estate Litigation
New York Business Litigation: How Courts Interpret Contracts
To a large extent, modern business is built on the foundation of contract law. Indeed, one could argue that companies could not function without contracts. Because modern business involves so many contracts, a large percentage of business-against-business litigation involves various allegations of breach of contract. For this reason, knowing how New York courts interpret contracts […]
Read more...The COVID-19 Guaranty Law and NYC Commercial Leases
During the COVID-19 pandemic, among other things, New York City passed an Ordinance prohibiting the enforcement of personal guaranties in commercial leases for specific restaurants and retail stores. Generally, this has become known as the NYC Guaranty Law. With many NYC commercial restaurant and retail store leases, a landlord will require that the business owners […]
Read more...Tortious Interference with Sales Contracts in NYC Real Estate Deals
Under New York law, persons and businesses are generally free to enter into various contracts, including selling and purchasing real estate. Further, under New York law, third parties cannot use unlawful means to interfere with an existing or potential contract. If this happens, the third party could be liable for monetary damages. This is what […]
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...Leveling the Playing Field in Commercial Evictions
A New York City Councilman will soon propose a bill that would give small businesses facing eviction access to free (pro bono) attorneys. The Wall Street Journal reports that Mark Levine will introduce the bill this week, based on a similar program for residential tenants. Commercial evictions increased over the last two years in New […]
Read more...Constructive Eviction-a Risky Defense for a Commercial Tenant
Constructive eviction is when a landlord’s actions, in breach of the lease, create a situation that results in its tenant not being able to use the premises. For example, if the landlord fails to make structural repairs to the roof resulting in water damage to the office tenant, the tenant could claim that the landlord […]
Read more...Enforcing “Go Dark” Restrictions against Retail Tenants
.in my commercial landlord-tenant practice, I frequently see defaults against retail tenants for ceasing business operations even though they remain current with the rent. With the declining retail market in New York City, many store owners have to shut down their businesses. In doing so, they may exercise a “good guy” guaranty. The good guy […]
Read more...Huge Buyouts for Lease Surrenders
In Manhattan, developers pay astronomical sums for Lease surrender to tenants who get in the way of large construction projects. When three rent-regulated tenants refused to move out of their apartments, delaying Tishman Speyer’s plans to build a three million square foot office building in Hudson Yards, the real estate behemoth shelled out a total […]
Read more...Chilly Relations in the Ice Cream Business-Franchise Litigation
That old saying that the partners start to fight when the money gets tight has never been more true than in the current world of franchising. Cold Stone Creamery and Edible Arrangements have now followed Burger King onto the Court dockets in lawsuits between franchise owners and management. In the current economic downturn, where people limit their […]
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