Recently, two important court decisions ruled that a New York City local law known as the Guaranty Law, which rendered unenforceable certain guaranties of commercial lease obligations, was unconstitutional. One month later,...more
On March 31, 2023, U.S. District Judge Ronnie Abrams of the Southern District of New York issued her highly anticipated ruling in the latest iteration of Melendez et al v. The City of New York, et al. Judge Abrams granted...more
The Second Circuit Court of Appeals issued a potentially far-reaching decision reviving New York City’s commercial landlords’ fight against a sweeping ordinance enacted to combat the COVID-19 pandemic’s economic effects,...more
For those interested in knowing whether the New York City “Guaranty Law,” which was enacted by the City Council in May 2020 in the wake of the COVID-19 pandemic, will survive a challenge to its constitutionality, the wait...more
On November 25, 2020, a New York federal court ruled in Melendez v. The City of New York, No. 20-CV-5301 (S.D.N.Y.) denying an injunction and declaring constitutional NYC Council’s newly enacted anti-harassment and guaranty...more
In a highly anticipated decision, Judge Ronnie Abrams of the United States District Court for the Southern District of New York, in Melendez v. City of New York, dismissed a challenge to the “Guaranty Law” and related...more
All too often commercial parties sign contracts without paying much attention to the “boilerplate” provisions. And all too often that causes a problem for one of the parties. ...more
Warranty/Guaranty Provisions in Construction Contracts - The most confusion I have seen in the discussion of construction topics concerns the concepts of “warranty” and “guaranty.” This article will address the...more