Entries tagged: landlord tenant

Commercial Tenant “had a meaningful choice to walk away”: Court Rejects Unconscionability Arguments Regarding Late Charges and Electricity Charges

By: Patrick McCormick, Esq.

Posted: December 20th, 2016

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    In 2010, the First Department, in dismissing a claim by commercial tenants that electric charges were unconscionable,  held that the plaintiffs had failed to establish “a lack of meaningful choice, and noted that the commercial tenants were free to not rent from the defendant and go elsewhere.”[i] Thus, when I represented a commercial […]

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Landlord’s Self-Help and Charging for Capital Improvements: A Busy Fall at the Appellate Division, First and Second Departments

By: Patrick McCormick, Esq.

Posted: December 18th, 2015

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The Appellate Courts have been busy this fall rendering significant decisions involving landlord/tenant law.  Two decisions of interest are discussed below. The first is a decision by the Appellate Term, Second Department[1] involving a landlord who engaged in self-help to regain possession of the commercial demised premises at issue.  The tenant commenced an unlawful entry […]

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Recent Landlord Tenant Case Developments

By: Patrick McCormick, Esq.

Posted: April 20th, 2015

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Three recent decisions, two from the Supreme Court, Appellate Term, First Department and the third from Supreme Court, Queens County (Ritholtz, J.) are instructive to landlord/tenant practitioners.  The first involves an application by a tenant for a Yellowstone injunction; the second involves a tenant’s renewal option contained in a commercial lease; and, the third involves […]

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Court of Appeals Enforces Rent Acceleration Clause in Commercial Lease

By: Patrick McCormick, Esq.

Posted: January 28th, 2015

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Commercial landlord/tenant matters do not often reach the Court of Appeals. However, in December 2014, the Court of Appeals issued a decision addressing the enforceability of a rent acceleration clause in a commercial lease where the landlord obtained possession of the demised premises after tenant defaulted in paying rent and abandoned the premises.  Landlord/tenant practitioners […]

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Enforcing a Personal Guaranty of a Commercial Lease

By: Patrick McCormick, Esq.

Posted: December 19th, 2014

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For obvious reasons, commercial landlords routinely insist that a commercial tenant provide a personal guaranty of the payment and performance obligations of the tenant. It is not surprising that litigation often arises between the landlord and the guarantor upon the default by the tenant with a common defense being that the terms of the guaranty […]

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Is Prepaid Rent Recoverable if a Lease Terminates Early?

By: Patrick McCormick, Esq.

Posted: June 23rd, 2014

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What happens when rent is prepaid under a lease but the lease is purportedly terminated prior to the expiration of the term? The Court of Appeals in Eujoy Realty Corp. v. Wagner Communications, LLC addressed this issue.1 Landlord Eujoy owned a building in Queens with a steel frame structure on the roof for the placement […]

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Subtenant’s Liability for Holding Over After Termination of Its Sublease

By: Patrick McCormick, Esq.

Posted: March 9th, 2014

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Who is responsible for the damages that result when a commercial sub-tenant holds over past the expiration of its term causing the tenant to incur damages under its lease? In what appears to be a case of first impression in the Second Department, in PHH Mtge. Corp. v. Ferro, Kuba, Mangano, Sklyar, Gacovino Lake, P.C.1 […]

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Around the Appellate Bench: Part 2

By: Patrick McCormick, Esq.

Posted: January 9th, 2014

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There have been several interesting Appellate Court decisions in the past couple of months touching on a variety of issues. Cases discussing actual partial eviction, successor landlord liability and a tenant’s failure to timely cure an alleged default are discussed below. In Croxton Collaborative Architects, P.C. v. T-C 475 Fifth Avenue, LLC,1 a commercial tenant […]

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Around the Appellate Bench

By: Patrick McCormick, Esq.

Posted: December 9th, 2013

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In a decision dated November 13, 2013, the Appellate Division, Second Department decided a case involving a contractor, Matell Contracting Co., Inc., who performed work for a commercial tenant, attempting to enforce a mechanic’s lien against the owner of property, Fleetwood Park Development Co. 1 Fleetwood leased certain property to a new tenant and, pursuant […]

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Well Settled Legal Principles and Proof Required to Prevail

By: Patrick McCormick, Esq.

Posted: November 10th, 2013

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Three recent appellate decisions, each sparse on fact, nevertheless remind us of the relevance of well settled legal principles and confirm the proof required to prevail on each.The first, Tewksbury Management Group, LLC v. Rogers Investments NV LP1, involves application of the doctrine of res judicata; the second, Bonacasa Realty Company, LLC v. Salvatore2, discusses the concept of […]

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