Posts Categorized: COVID-19

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 »

Posted: January 21, 2021

Commercial Tenant Not Excused from Paying Rent During State-Ordered Pandemic Store Closures

On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Victoria’s Secret Stores, LLC v. Herald Sq. Owner LLC, 2021 NY Slip Op. 50010(U), holding that a commercial tenant was not excused from paying rent during state-ordered pandemic store closures, explaining: The Complaint is premised on the mistaken... Read more »

Posted: December 21, 2020

New York Federal Judge Dismisses COVID-19 Business Interruption Claim for Failure to Allege “Physical Damage to the Insured’s Property”

Posted by Bradley J. Nash, Litigation Partner On December 15, 2020, Judge Schofield of the SDNY issued a decision in 10012 Holdings, Inc. v. Sentinel Ins. Co. Ltd., Case No. 10-cv-4471(LGS), dismissing an art gallery’s claim for business interruption coverage arising from the suspension of business operations due to the government-ordered closure of non-essential businesses... Read more »

Posted: October 26, 2020

North Carolina Judge Grants Summary Judgment to Restaurant Owners on Claim for COVID-19 Business Interruption Losses

Posted by Bradley J. Nash, Litigation Partner On October 7, 2020, North Carolina Superior Court Judge Orlando F. Hudson, Jr. handed down an important victory for policyholders seeking business interruption insurance for losses arising from closures relating to the COVID-19 pandemic.  In North State Deli, LLC v. The Cincinnati Ins. Co., Case No. 20-CVS-02569, Judge... Read more »