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Posts Categorized: Real Property

Posted: March 26, 2020

Coronavirus and the Commercial Tenant: A Guide to Dealing With Your Landlord During the COVID-19 Pandemic

Coronavirus and the Commercial Tenant: A Guide to Dealing With Your Landlord During the COVID-19 Pandemic By Jeffrey M. Eilender, Joshua Wurtzel, and Christopher R. Dyess As much of New York’s economy grinds to a halt, businesses of all kinds are asking how they will pay their rent. The answer, if you have good legal... Read more »

Posted: March 22, 2020

Voluntary Payment Doctrine Prevents Tenant From Recovering Overpayments to Landlord

On February 28, 2020, Justice Borrok of the New York County Commercial Division issued a decision in A&B Deli Inc. v 251 Sixth Ave., LLC, 2020 NY Slip Op. 30650(U), holding that the voluntary payment doctrine prevented a tenant from recovering overpayments to its landlord, explaining: The common-law voluntary payment doctrine bars recovery of payments... Read more »

Posted: March 20, 2020

Court of Appeals Accepts Certified Question Regarding The Showing a Defendant Must Make to Render Inadequate the Plaintiff’s Proof of Compliance with RPAPL § 1304

On February 13, 2020, the Court of Appeals accepted two certified questions from the Second Circuit in CIT Bank v. Schiffman: “(1) Where a foreclosure plaintiff seeks to establish compliance with RPAPL [Real Property Actions and Proceedings Law] § 1304 through proof of a standard office mailing procedure, and the defendant both denies receipt and... Read more »

Posted: March 1, 2020

Commercial Tenant Claiming Constructive Eviction Liable for Rent Because it Remained in Possession of the Leased Premises

On February 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in Board of Mgrs. of Manhasset Med. Arts Condominium v. Integrated Med. Professionals, PLLC, 2020 NY Slip Op. 50195(U), holding that a commercial tenant claiming constructive eviction was liable for unpaid rent because it remained in possession of the leased... Read more »

Posted: February 17, 2020

Defendant Liable for Breach of Term Sheet’s Obligation to Negotiate Lease in Good Faith

On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in DOLP 1133 Props. II LLC v. Amazon Corporate, LLC, 2020 NY Slip Op. 30274(U), holding that a defendant was liable for breach of a term sheet’s obligation to negotiate a final agreement in good faith, explaining: This case... Read more »

Posted: January 6, 2020

Buyer Attorney Letter Refusing to Close on Real Estate Transaction Based on Mistaken View That Seller Had Breach Constituted Anticipatory Breach

On December 18, 2019, the Second Department issued a decision in Lamarche Food Prods. Corp. v. 438 Union, LLC, 2019 NY Slip Op. 08995, holding that a letter from a buyer’s attorney refusing to close on a real estate transaction based on the mistaken view that the seller had breached the sale agreement constituted an... Read more »

Posted: October 20, 2019

Constructive Eviction Suspends Obligation to Pay Rent

On October 8, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in Board of Mgrs. of Manhasset Med. Arts Condominium v. Integrated Med. Professionals, PLLC, 2019 NY Slip Op. 51588(U), holding that a constructive eviction suspends a tenant’s obligation to pay rent, explaining: Contrary to Realty’s contentions, withholding the entire amount... Read more »