Blogs

Posts Categorized: COVID-19

Posted: August 16, 2021

Pandemic No Excuse for Failing to Respond to Subpoena Served Long Before Pandemic Began

On July 8, 2021, the First Department issued a decision in Sang Cheol Woo v. Spackman, 2021 NY Slip Op. 04287, holding that a contempt order was appropriate where a party was directed to comply with a subpoena issued before the COVID-19 Pandemic and much of the information and documents sought did not require collection... Read more »

Posted: August 12, 2021

Financial Difficulties Due to COVID-19 Pandemic No Excuse for Failure to Pay Pursuant to Settlement Agreement

On June 9, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Maesa LLC v. TPR Holdings LLC, 2020 NY Slip Op 34523, holding that the COVID-19 pandemic did not excuse a party’s performance under a settlement agreement, explaining: There is no question of fact that defendant breached the settlement... Read more »

Posted: May 27, 2021

Pandemic Does Not Excuse Commercial Tenant’s Obligations Under Lease

On May 19, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Hugo Boss Retail, Inc. v. A/R Retail, LLC, 2021 NY Slip Op. 50458(U), holding that the Covid-19 pandemic did not excuse a commercial tenant’s obligations under its lease, explaining: A number of New York courts assessing commercial lease... Read more »

Posted: March 27, 2021

New York’s Foreclosure Ban Did Not Bar Action for Foreclosure, Just Enforcement of the Judgment and Sale of Property

On March 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Natixis, N.Y. Branch v. 20 TSQ Lessee LLC, 2021 NY Slip Op. 50249(U), holding that the New York foreclosure ban did not bar an action for foreclosure, just the enforcement of the judgment of foreclosure and sale of... Read more »

Posted: March 23, 2021

COVID Eviction Ban Does Not Bar Action for Money Judgment Against Corporate Tenant

On January 13, 2021, Justice Grays of the Queens County Commercial Division issued a decision in Able Motor Cars Corp. v. Three Bros. Chinese Cuisine Inc., 2021 NY Slip Op. 30716(U), holding that city and state COVID eviction bans did not bar an action for a money judgment against a corporate tenant, explaining: Local Law... Read more »

Posted: March 19, 2021

Covid Eviction Ban Did Not Require Dismissal of Commercial Foreclosure Actions

On March 4, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. Bank N.A. v. Middle Dam St. Inc., 2021 NY Slip Op. 30686(U), holding that the Covid eviction ban did not require the dismissal of a commercial foreclosure action, explaining: Executive Order 202.2, issued on March 20, 2020, provides,... Read more »

Posted: March 13, 2021

Court Erred in Issuing Injunction Where Party Seeking the Injunction Could be Made Whole by an Award of Money Damages

On March 4, 2021, the First Department issued a decision in Shelbourne BRF LLC v. SR 677 Bway LLC, 2021 NY Slip Op. 01346, holding that an injunction should not issue when the plaintiff can be made whole by money damages, explaining: As to the propriety of the preliminary injunction, we find that plaintiffs failed... Read more »

Posted: March 10, 2021

Best practices to protect your company’s data from the competition…and well-meaning children.

Jolene LaVigne-Albert, Counsel It has been a year since the COVID-19 pandemic confined millions of workers to their homes. Remote work is now business as usual and may be here to stay. At Schlam Stone & Dolan, we are seeing an uptick in clients’ concerns about data breaches and protecting trade secrets in a remote... Read more »

Posted: February 26, 2021

Pandemic-Related Foreclosure Stay Did Not Apply to Commercial Foreclosure

On February 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Bridgecity Capltal QOB LLC v. 1717 E. 8 St LLC, 2021 NY Slip Op. 30406(U), holding that the pandemic-related foreclosure stay did not apply to a commercial foreclosure, explaining: Executive Order 202.28 provides that: There shall be no initiation... Read more »