News & Analysis as of

Summary Judgment Rental Property

Cadwalader, Wickersham & Taft LLP

ABCD ... ROFR and SLL June 2022 - The Strengths of Rights of First Refusal

On March 30, 2022, the New York State Supreme Court, New York County (the “Court”) decided in Times Square JV LLC v. Walber Broadway LLC that a ground lease-tenant that is in default under the ground lease for failure to pay...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Force Majeure Decision Provides A Good Overview of the Law Surrounding Leases and the COVID-19 Pandemic

A few months ago, a Commercial Division court granted summary judgment in favor of the plaintiff-landlord in a case involving a commercial lease for a gym that was closed due to COVID-19 restrictions.  The decision in Amherst...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24 - COVID-19 Update: Can't Lose What You Never Had: Court Rejects All Legal Theories...

The United States District Court for the Southern District of New York (the “Court”) decided in Gap Inc. v. Ponte Gadea N.Y. LLC on March 8, 2021 that a retail tenant will not be able to use the COVID-19 pandemic as an excuse...more

Fox Rothschild LLP

When Is A Landlord Liable For Tenant’s Dangerous Dog (In North Carolina)

Fox Rothschild LLP on

A recently decided case in North Carolina provides some guidance to landlords regarding their potential liability to a third party harmed by the pet of a tenant. (Note- I refer you to an attorney in one of our N.C. offices...more

Holland & Knight LLP

Two Federal Judges Declare CDC COVID-19 Eviction Moratorium Unenforceable

Holland & Knight LLP on

In Terkel v. Centers for Disease Control and Prevention, No. 6:20-cv-00564 (E.D. Tex. Feb. 25, 2021) and Skyworks, Ltd. v. Centers for Disease Control and Prevention, No. 5:20-cv-2407 (N.D. Ohio Mar. 10, 2021), groups of...more

Rivkin Radler LLP

New York Insurance Coverage Law Update- February 2021

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A Manhattan law firm sued Midvale Indemnity Company seeking coverage under the firm’s commercial property insurance policy for losses caused by stay-at-home and social distancing directives issued by New York State in...more

Lewitt Hackman

Court Confirms Landlord’s Right To Seek Damages In Unlawful Detainer Action And Separate Civil Action

Lewitt Hackman on

The Court of Appeal just confirmed that a landlord is not barred from recovering rent owed by a tenant in a civil action for breach of contract, even after obtaining a judgment for unlawful detainer against the tenant, so...more

Farrell Fritz, P.C.

Tenant Has Standing to Challenge Definition of Family Set Forth in Village Code

Farrell Fritz, P.C. on

On June 28, 2017, the Appellate Division, Second Department, held that a tenant has standing to challenge the definition of “Family” as set forth in the Freeport Village Code....more

Holland & Knight LLP

West Coast Real Estate Update: December 2016

Holland & Knight LLP on

Unlawful Detainer Appeals Process Creates Uncertainty for Landlords - The California Court of Appeal decided the case of Beach Break Equities, LLC v. Martin Lowell on Nov. 22, 2016, and released it for publication on...more

Beveridge & Diamond PC

Maryland Court of Appeals OKs Circumstantial Causation Evidence in Lead Paint Cases

Beveridge & Diamond PC on

In a case that may make it easier to prove causation in Maryland lead paint cases, the Maryland Court of Appeals held that neither direct evidence of the source of lead nor expert testimony was necessary when a trier of fact...more

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