From the start of the unprecedented closure of the New York State Courts to new, “non-essential” filings until yesterday, commercial tenants had no remedy against a landlord seeking to terminate a lease as a result of a covenants or payment default. The so-called Yellowstone Injunction, named after a 1968 Court of Appeals case, has protected
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New York Court of Appeals Clarifies When a Contractor Hired by a Commercial Tenant Can File a Mechanic’s Lien Against the Owner’s Interest in the Property
By Jed Weiss & David T. Meglino on
Posted in Construction
When a contractor is hired by a commercial tenant to improve the leased property, the contractor’s lien will ordinarily attach only to the leasehold interest, and not the property itself. In a recent Court of Appeals decision, however, the Court clarified in what circumstances the contractor can file a lien against the owner’s interest in…