Blogs

Posts Categorized: COVID-19

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 »

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 »