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708 results found

Article

Morrison & Foerster LLP | USA | 22 Mar 2021

Courts: A Foreclosure Pandemic Pause? (Part 3)

Since the start of the COVID-19 pandemic, borrowers and lenders alike have sought clarity regarding the permissibility of UCC foreclosure sales in…
Article

Fried Frank Harris Shriver & Jacobson LLP | USA | 11 Mar 2021

Federal Court Rejects Tenant's COVID-19 Lease Defenses

As discussed in previous alerts, we have seen an onslaught of litigation concerning the enforceability of commercial leases in light of COVID-19…
Article

Venable LLP | USA | 8 Feb 2021

New York Supreme Court Upholds Presumption of Public Access to Judicial Proceedings

The Supreme Court of New York recently denied a motion to seal the record in the case of Choi v. Solomon, stating that “harsh words are not a basis…
Article

Fried Frank Harris Shriver & Jacobson LLP | USA | 21 Dec 2020

New York Court Issues Two New Decisions Rejecting Impossibility of Performance and Frustration of Performance as COVID Lease Defenses

In a prior client alert entitled New York Court Rejects Impossibility of Performance as COVID Lease Defense (Aug. 11, 2020), we identified two recent…
Article

Fried Frank Harris Shriver & Jacobson LLP | USA | 29 Oct 2020

New York Supreme Court Allows Previously Enjoined UCC Foreclosure Sale to Proceed

In our prior client alert entitled, New York Supreme Court Issues Preliminary Injunction Halting Another UCC Foreclosure (Aug. 6, 2020), we discussed…
Article

Goldberg Segalla LLP | USA | 16 Oct 2020

Civil Service Law Section 71 Trumps Taylor Law’s Duty to Bargain

The New York State Appellate Division, Second Department, has rendered a decision clarifying that Civil Service Law § 71 trumps the duty to bargain…
Article

Cahill Gordon & Reindel LLP | USA | 2 Oct 2020

New York State Supreme Court Stays State Securities Class Action Despite Differences from Parallel First-Filed Federal Action

New York Supreme Court Justice Barry R. Ostrager's recent decision in In re NIO Inc. Securities Litigation, No. 0653422/2019 (N.Y. Sup. Ct. Aug. 21…
Article

Fried Frank Harris Shriver & Jacobson LLP | USA | 11 Aug 2020

New York Court Rejects Impossibility of Performance as COVID Lease Defense

For the second time in just three months, a New York court has rejected a commercial tenant's argument that the economic conditions precipitated by…
Article

Fried Frank Harris Shriver & Jacobson LLP | USA | 6 Aug 2020

New York Supreme Court Issues Preliminary Injunction Halting Another UCC Foreclosure

On August 3, 2020, the New York County Supreme Court issued a preliminary injunction in Shelbourne BRF LLC v. SR 677 BWAY LLC, Index No. 652971/2020…
Article

Riker Danzig Scherer Hyland & Perretti LLP | USA | 23 Jul 2020

New York Court Dismisses Claim Against Title Insurance Company For Encroachment

The New York Supreme Court, Kings County, recently dismissed a complaint against a title insurance company, finding that the encroachments at issue…
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