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Commercial Leases Injunctions

BCLP

Briefcase Quarterly Real Estate Disputes Update - September 2023

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Vodafone Ltd V Potting Shed Bar & Gardens Ltd (Formerly Gencomp (No. 7) Ltd) & Ap Wireless Ii (Uk) Ltd - A freeholder granted a lease to Vodafone allowing it to erect telecoms apparatus on the tower of its building. A few...more

Seyfarth Shaw LLP

2020 May Be Over, But Litigation Regarding The Pandemic And Private Party Rights Is Not

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As we enter the New Year, the end is not yet in sight for litigation related to COVID-19. Five recent decisions, summarized below, highlight the still developing legal implications of the pandemic on private party rights as...more

Kramer Levin Naftalis & Frankel LLP

Return of Yellowstone: The New York State Legislature Revives the Yellowstone Injunction

For more than 50 years, a commercial tenant threatened with eviction could count on obtaining a Yellowstone injunction tolling the tenant’s time to cure alleged lease defaults while challenging the legitimacy of those...more

Genova Burns LLC

Yellowstone No More?: New York Highest Court Approves Waiver of Commercial Tenant Right to Seek Declaratory Judgment

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A recent decision of the New York Court of Appeals – the State’s highest Court – has thrown a wrench in a common litigation process used by commercial tenants – the so-called Yellowstone injunction. The 4-3 decision in 159 MP...more

Harris Beach PLLC

Recent Decision Narrows Commercial Tenants’ Recourse to Yellowstone Injunctions

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Last week, in 159 MP Corp. v. Redbridge Bedford, the Court of Appeals upheld a recent decision of the Second Department that limits the rights of commercial tenants to obtain Yellowstone injunctions....more

Snell & Wilmer

Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

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If you own property and a tenant wrongfully refuses to vacate the premises (for example when the lease expires or after proper written notice of termination), you may have a quick and easy remedy to have the tenant removed....more

Lewitt Hackman

FRANCHISEE 101: "Two Wrongs Don't Make a Right"

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At one time or another, many people have occasion to be renters who feel mistreated by a landlord. This may be due to delays in repairs, responses, or just turning on the heat. A typical reaction is the temptation to...more

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