In the midst of the global COVID-19 (Coronavirus) pandemic, some New York building owners are breathing a collective sigh of relief after securing a hard-fought victory in the New York Court of Appeals. On April 2, 2020, the Court of Appeals, in a divisive 4-3 decision, struck down Part F of the Housing Stability and
Tenants
Beware of Use of Estoppel as a Shield in Commercial Real Estate
The New Jersey Appellate Division case of Commerce Limited Partnership, Plaintiff-Appellant v. Edison Furniture, LLC, Defendant-Respondent, 2020 WL 820338, is a cautionary tale on the use of estoppel certificates. Although the opinion is unpublished, does not constitute precedent and is not binding on any court, it highlights a pitfall of sending a party an…
Second Update: Yellowstone Injunctions Revived By The New York State Legislature
We last wrote in May 2019 (updating an earlier post written in February 2018) that the New York State Court of Appeals, the state’s highest court, issued a landmark decision affirming the Appellate Division, Second Department’s decision in 159 MP Corp. v. Redbridge Bedford, LLC to uphold a commercial tenant’s waiver of its right to…
Update: New York Court of Appeals Deals Serious Blow to Future Yellowstone Injunctions
In a landmark decision, the Court of Appeals, New York State’s highest court, has endorsed a commercial tenant’s waiver of its right to seek a “Yellowstone” injunction, perhaps sounding the ultimate death knell for this common remedy for commercial tenants who are facing claims of default from their landlords. A Yellowstone injunction enables a tenant…
Commercial Landlords Beware: Tenant Trademark Infringement
Commercial landlords can now add another item to the already interminable list of risks they face in their capacities as landlords: liability borne from a tenant’s trademark infringement. The notion that a landlord could be vulnerable to legal action for the actions of its tenant runs counter to many people’s understanding of fairness. Nevertheless, commercial…