CASES OF NOTE THE SECRET'S OUT Victoria’s Secret Stores, LLC v. Herald Store Owner LLC, 70 Misc. 3d 1206(A) (N.Y. Sup. Ct. Jan. 7, 2021) A New York court recently held that a retailer’s closure due to a state law imposed...more
2/5/2021
/ Breach of Contract ,
Business Interruption ,
Commercial Leases ,
Commercial Tenants ,
Common Law Claims ,
Contract Terms ,
Coronavirus/COVID-19 ,
Eviction ,
Failure To Pay ,
Frustration of a Common Purpose ,
Government Lockdown ,
Impossibility ,
Infectious Diseases ,
Rent ,
Rental Property ,
Retailers ,
Victoria Secret
Cases of Note -
Marie Baptiste et al v. Commonwealth of Massachusetts, et al.
In July, two residential landlords, Marie Baptiste and Mitchell Matorin (“Plaintiffs”), filed suit against the Commonwealth of Massachusetts,...more
Colleges and universities face a host of issues to consider before reopening athletic programs in the wake of COVID-19, from the day-to-day operation of campus facilities to specific challenges around gameday operations and...more
9/4/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Infectious Diseases ,
Personal Protective Equipment ,
Public Health ,
Quarantine ,
Re-Opening Guidelines ,
School Sports ,
Screening Procedures ,
Social Distancing ,
Student Athletes ,
Universities
On the 30th anniversary of its passage, the Americans with Disabilities Act (ADA) deserves recognition for its continued viability and adaptability in response to contemporary problems and technological change. As the retail...more
7/29/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Disability Access Claims ,
Disability Discrimination ,
E-Commerce ,
Hospitality Industry ,
Personal Protective Equipment ,
Public Accommodation ,
Reasonable Accommodation ,
Retailers ,
Screening Procedures ,
Title III ,
Virus Testing ,
Website Accessibility
Trends in Real Estate Litigation -
Commercial Landlords and Tenants Take Their COVID-Related Lease Disputes to Court -
The slow-burning standoffs between commercial landlords and tenants in the COVID-19 pandemic are...more
7/13/2020
/ Commercial Leases ,
Contract Disputes ,
Contract Terms ,
Coronavirus/COVID-19 ,
Eviction ,
Landlords ,
Real Estate Market ,
Real Estate Transactions ,
Rent ,
Rental Property ,
Tenants
Multi-tenant residential housing properties face numerous financial and operational challenges from the outbreak of Coronavirus disease 2019 (COVID-19). An immediate concern for owners and management is their ability to...more