Posts Categorized: COVID-19

Posted: October 21, 2020

COVID-19 Pandemic No Excuse for Failing to Respond to Motion

On September 30, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Express Trade Capital, Inc. v. Horowitz, 2020 NY Slip Op. 33223(U), holding that the COVID-19 pandemic was not an excuse for failing to respond to a motion, explaining: Defendants also appear to assert that they have an excuse... Read more »

Posted: October 14, 2020

We Now Know New York’s Shut Down Of “Non-Essential” Businesses Is Unconstitutional

Posted by Elizabeth Wolstein, Partner On October 6, 2020, Governor Cuomo issued a new executive order closing “non-essential” businesses in certain zip codes based on increased COVID positivity rates in those zones.[1] Seven months into the pandemic, it is time to reevaluate the constitutionality of this approach that has so devastated small businesses. At the... Read more »

Posted: August 14, 2020

Federal Court Allows Business Interruption Claims for COVID-19 Losses to Proceed

Posted by Bradley J. Nash, Litigation Partner On August 12, 2020, United States District Judge Stephen Bough of the Western District of Missouri issued an important decision for policyholders seeking business interruption insurance for losses arising from closures relating to the COVID-19 pandemic.  In Studio 417, Inc. v. Cincinnati Ins. Co., Case No. 20-cv-03127-SRB (W.D.... Read more »

Posted: May 4, 2020

New York State Courts Continue Slowly to Reopen

On April 30, 2020, Chief Administrative Judge Marks issued a memorandum to trial court justices and judges directing a partial reopening of the trial courts. Key points: New filings in non-essential matters still are prohibited. Virtual court proceedings will expand: “New motions, responsive papers to previously filed motions, and other applications (including post-judgment applications) may... Read more »

Posted: April 24, 2020

FAQs for a Brave New World: Employers Grapple with the Legal Implications of Telecommuting

FAQs for a Brave New World: Employers Grapple with the Legal Implications of Telecommuting By Hillary S. Zilz and Christopher R. Dyess The COVID-19 pandemic has upended the way that we all live and work. With mandatory shelter in place orders across the country, employers have been forced to allow their employees to work from... Read more »

Posted: April 17, 2020

Do State Shut-Down Orders Effect A Taking For Which The State Must Pay Just Compensation?

By Elizabeth Wolstein Governors across the country have issued executive orders mandating the closure of businesses they deem non-essential in an effort to slow the spread of COVID-19. Slowing the spread of COVID-19, in turn, benefits all the state’s residents. Thus, the owner of the closed business is made to sacrifice the use of his... Read more »

Posted: April 14, 2020

Current Financial Crisis Likely Will Lead to Events of Default in RMBS Trusts

Unlike our usual posts, which analyze recent Commercial Division decisions, this post is written to alert RMBS certificateholders of imminent events of default in RMBS trusts due to the liquidity crisis most servicers are expected to face beginning this month. RMBS certificateholders should understand their rights and the protections to which they are entitled in... Read more »