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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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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. […]

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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 […]

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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 […]

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