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Entries tagged: landlord tenant

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Navigating Your Commercial Lease Agreement During Inflation

By: Arthur Yermash, Esq. email

Posted: June 22nd, 2022

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Updated July 21, 2022, as published in Law360 https://www.law360.com/real-estate-authority/articles/1512083/negotiating-a-commercial-lease-agreement-during-inflation Rising inflation is influencing virtually every aspect of life. For commercial […]

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High Bar for Tenants: Court Sides with Landlord in Harassment Case

By: Patrick McCormick, Esq. email

Posted: July 29th, 2021

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Sitting in a rare en banc hearing in Francis v. Kings Park Manor, Inc.  992 F.3d 67 (2d Cir. 2021), […]

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Court of Appeals Holds Tenant’s Waiver of Right to Seek Declaratory Judgment Enforceable

By: Patrick McCormick, Esq. email

Posted: May 15th, 2019

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On May 7, 2019, the Court of Appeals in 159 MP Corp. v Redbridge Bedford, LLC, 2019 WL 1995526, agreed […]

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

By: Patrick McCormick, Esq. email

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 […]

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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. email

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 […]

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Recent Landlord Tenant Case Developments

By: Patrick McCormick, Esq. email

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 […]

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Court of Appeals Enforces Rent Acceleration Clause in Commercial Lease

By: Patrick McCormick, Esq. email

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 […]

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Enforcing a Personal Guaranty of a Commercial Lease

By: Patrick McCormick, Esq. email

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 […]

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Is Prepaid Rent Recoverable if a Lease Terminates Early?

By: Patrick McCormick, Esq. email

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 […]

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