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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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
