Eviction Essentials and Lease Management
On November 26, 2025, the New York Appellate Division, Second Department reversed a trial court order denying Plaintiff Citibank, N.A.’s motion for summary judgment for breach of contract, breach of a personal guaranty, and...more
On December 16, 2025, the U.S. District Court for the Southern District of New York granted summary judgment on liability in favor of lender Jasper Lake Ventures Two LLC, holding that its alleged refusal to engage with...more
If you’re a restaurant owner in New York carrying COVID-era EIDL debt and personal guarantees that feel impossible to pay, I have good news: there are real, practical pathways to resolve these obligations—often for far less...more
Under California anti-deficiency law, borrowers enjoy robust protections. Guarantors — not so much. The statutory protections afforded to borrowers cannot be waived, while for guarantors, they can be (and almost always are)...more
The Letter of Intent (LOI) is where you set the business deal. The lease is where the lawyers argue over the details. If the LOI is vague or one-sided, you’ll either overpay in the lease or burn a ton of time and fees trying...more
Apartment owners in NOP 38 projects tend to mistakenly believe the guarantees issued to them by developers provide full safety nets, guaranteeing their rights in any case, even if the developer encounters financial...more
Oftentimes when dealing with a small business, especially a new one with limited credit history, it is wise to obtain a personal guarantee from the company’s principal. ...more
On October 21, 2025, in 1995 CAM LLC v. West Side Advisors, LLC, the New York Court of Appeals delivered a ruling concerning a guarantor’s liability under a “good guy” guaranty....more
New York law provides creditors with a powerful tool to pursue collection on a written guaranty on an expedited track. CPLR 3213 allows a creditor to serve a summons along with a motion for summary judgment — bypassing the...more
On July 25, 2025, a New York intermediate appellate court reversed a grant of summary judgment in plaintiff’s favor on its breach of contract and related breach of guaranty claims, concluding that while the agreement was a...more
On September 16, 2025, the U.S. District Court for the Southern District of Mississippi declined to dismiss a claim for breach of guaranty agreements, rejecting the defendants’ argument that the contracts are “so...more
On August 20, 2025, the Ohio Supreme Court clarified the obligations of lenders and guarantors in arm’s-length financial transactions and declined to adopt the obligations set out by Section 124(1) of the Restatement (First)...more
The New York Court of Appeals issued a major decision reshaping how commercial “good guy” guaranties are interpreted. In 1995 CAM LLC v. West Side Advisors, LLC, the Court held that a personal guarantor’s liability ends when...more
The New York Court of Appeals’ recent decision in 1995 CAM LLC v. West Side Advisors LLC provides long-awaited guidance on how so-called “good-guy” guaranties operate in commercial leasing. The question in this case was...more
Earlier this year, my colleague Sam Lind made a compelling case for incorporating your business in Ohio—highlighting not only legal advantages but also some timeless thoughts on college football. Today, I pose a similar...more
In Days Inns Worldwide, Inc. v. 4200 Rose Hospitality LLC, 2025 WL 2450755 (D.N.J. Aug. 25, 2025), Days Inns brought claims for contractual indemnification pursuant to a license agreement, common law/equitable...more
The Colorado Court of Appeals recently clarified the scope of contractual fee-shifting provisions in lease agreements in an opinion, which may have broader implications for businesses with lease agreements or other similar...more
In August 2025, the Supreme Court of Ohio issued its decision in Huntington National Bank v. Schneider providing important guidance on the obligations of lenders in guaranty and suretyship relationships. The Court rejected...more
In 2024, we alerted you to a decision out of the First Appellate District of Ohio (The Huntington National Bank v. Schneider, C-230072 (December 29, 2023)), where the Court was asked to review a grant of summary judgment in...more
The Ohio Supreme Court overturned the First Appellate District’s ruling in Huntington National Bank v. Schneider (Case No. 2024-0208), clarifying when banks must disclose material information to loan guarantors. In a case...more
Lenders in the retail market will be familiar with the Etridge protocol, which (in summary) requires them to ensure that the guarantor of a loan must first obtain independent legal advice, in order to minimise the risk that...more
The Privy Council has clarified that the duty of care to "obtain the best price reasonably obtainable" in the sale of secured collateral does not require a secured party to improve an asset before sale to obtain the best...more
In commercial lending, the decision to designate a party as a guarantor or co-borrower is more than a technicality—it can significantly impact a lender’s ability to enforce a loan. Mislabeling a guarantor as a co-borrower,...more
Fund finance is and always has been by nature a cross border enterprise. While there are a number of lenders that we represent in the United States that lend to funds exclusively organized in the U.S.– typically in Delaware –...more
Commercial loan documents are notoriously complex, packed with financial reporting requirements, compliance covenants, and collateral maintenance obligations. For practitioners seeking the expedited relief of CPLR 3213’s...more