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Latest Decisions on Force Majeure in the COVID-19 Context

As discussed in previous updates, COVID-19 has brought the concept of force majeure to the forefront across multiple practice areas. As the pandemic-caused shutdowns began, scholars and businesses alike re-examined the...more

New Rent Reduction Laws Proposed in New York May Be Better for Landlords, But May Still Be Challenged

As discussed in prior updates, lawmakers in New York previously introduced bills that would, if enacted, temporarily suspend rent payments for certain residential and small business commercial tenants unable to pay rent due...more

“Quiet Enjoyment” May Not Work, But New York Law and Leases May Provide Other Avenues for Relief for Commercial Tenants

As set forth in our prior update, commercial tenants in New York may not be able to establish a breach of the covenant of quiet enjoyment because of the ongoing pandemic, subject to specific lease language....more

Applicability of the Covenant of Quiet Enjoyment to the COVID-19 Pandemic

Many leases for commercial property contain an express covenant of “quiet enjoyment,” which typically provides that the property owner may not interfere with the tenant’s use and occupancy of the property so long as the...more

Proposed Legislation in New York Would Suspend Some Rent Payments

The New York Legislature is considering a pair of bills that would provide relief for some of those residential or commercial tenants that have either lost their jobs or been forced to close during the current crisis. ...more

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