By: Adam Bailey and Dov Treiman January 14, 2015 Real estate leases are, by their nature, bets the parties are placing on what the future may hold. Both landlord interests and tenant interests try to hedge their bets by inserting clauses to produce certain results in the event of an uncertain future. Chief amongst these Full Article…
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Court Grants License To Change Licensing Law Rules
By: Adam Leitman Bailey & John M. Desiderio August 13th, 2014 Since at least as early as 1849, in the case of Dolittle v. Eddy,1 New York law has defined a license as the “authority to enter on the lands of another, and do a particular act or series of acts, without possessing any interest Full Article…
Call All Monies Owed by Tenant “Additional Rent” to Speed Up Non-Payment Proceedings, Commercial Lease Law Insider
By: Adam Leitman Bailey March 1st, 2006 Many owner and tenant lease forms we’ve looked at have a big loophole: They don’t classify all of the tenant’s lease costs—other than base rent (and for retail tenants, percentage rent)—as “additional rent.” Typically, a lease requires the tenant to pay many costs in addition to its base Full Article…
Self-Help Evictions: The Neglected Commercial Remedy, The New York Law Journal
By Adam Leitman Bailey and John M. Desiderio August 10th, 2005 Where the right to do so is expressly reserved in a commercial lease, a landlord may reenter the leased premises peaceably, without resort to court process, upon termination of the lease or upon the commercial tenant’s defaulting on payment of rent or other lease Full Article…
Mystery Solved: The Eviction of a Restaurant Without Anonymous Owner
A restaurant and bar had not paid rent for over 6 months. A previous eviction attempt had been defeated in court by a tenant who had nothing to defend with other than a host of technical flaws in an earlier case. It was thus apparent that absolutely every detail down to the last comma was Full Article…
Landlord Prevails in NYC Court’s First Sandy-Related Commercial Lease Decision
A New York City judge ruled Monday that the owner of 100 Maiden Lane is not liable for its tenant’s loss of electricity following Hurricane Sandy, in what is believed to be the city’s first decision on a commercial lease case related to storm losses.
Adam Leitman Bailey, P.C. Rescues Major Publicly Traded Company From Eviction
A major publicly traded company holding numerous New York properties came to ALBPC with a dilemma. Its landlord at a building in a major up and coming neighborhood alleged that the company had been neglecting the rental property for decades. As a result, the landlord was declaring forfeiture of the right to rent the property Full Article…
No Help for Jilted Sellers as Court Sticks With Precedent
n White v. Farrell,1 the New York Court of Appeals ruled that the measure of damages for a buyer’s breach of a contract to sell real property, where the contract does not contain a liquidated damages clause as the seller’s exclusive remedy,2 is the difference between the contract price and the fair market value of the property on Full Article…
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