While the country was glued to their televisions watching election map coverage, Governor Andrew Cuomo issued a new executive order which affected the way courts are operating in New York during the … [Read more...] about New Executive Order Extends Time to Answer
BARS AND RESTAURANTS
Commercial Eviction Moratorium Extended
The New York State moratorium on the Commercial Eviction Summary Proceedings was set to expire on October 20th, 2020. However, on that day, Governor Andrew Cuomo executed a new executive order … [Read more...] about Commercial Eviction Moratorium Extended
The Right to Legal Fees in Landlord/Tenant Disputes
In most residential and commercial leases in New York, there is an Attorneys' Fees Clause included. A question that is often asked is, "Is that lease provision enforceable?" New York follows the … [Read more...] about The Right to Legal Fees in Landlord/Tenant Disputes
New Executive Order Extends the Time Period for the Tenant Safe Harbor Act
On September 29, 2020, Governor Andrew Cuomo signed Executive Order 202.626, titled Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency. The new executive order … [Read more...] about New Executive Order Extends the Time Period for the Tenant Safe Harbor Act
Regina and the Four-Year Lookback Period
On April 2, 2020, while New York trial courts were closed, the Court of Appeals of New York ruled on Regina Metropolitan Co., LLC v. the New York State Division of Housing and Community Renewal … [Read more...] about Regina and the Four-Year Lookback Period
Restaurant Evictions in New York City After COVID-19
Recently CNBC reported that one in three restaurants in New York City was likely to go out of business as a result of COVID-19. There is no question that COVID-19 has had a devastating effect on both … [Read more...] about Restaurant Evictions in New York City After COVID-19
The Tenant Safe Harbor Act
On July 1, 2020, Governor Andrew Cuomo signed The Tenant Safe Harbor Act. Specifically, the Act addresses forgiveness of rent for the “COVID-19 covered period,” although the Act does not forgive rent … [Read more...] about The Tenant Safe Harbor Act
COVID-19 and the Doctrines of Impossibility and Frustration Of Purpose
As New York City struggles to adjust to life after the onset of COVID-19, both landlords and tenants are left to put their lives back together again. We don't know whether the way people did business … [Read more...] about COVID-19 and the Doctrines of Impossibility and Frustration Of Purpose
Commercial Guaranty Agreements Affected by COVID-19
Both New York State and New York City continue to make changes to the law to deal with the impact of COVID-19. On May 26, 2020, the Administrative Code of the City of New York was amended by Bill … [Read more...] about Commercial Guaranty Agreements Affected by COVID-19
Force Majeure Clauses in New York
Some seldomly used lease/contract defenses are beginning to come up in the aftermath of the COVID-19 crisis. The closing of restaurants, bars, and many other businesses in New York City has been … [Read more...] about Force Majeure Clauses in New York