Local government in New York City has adopted recent legislation adversely impacting commercial landlords by abolishing personal guarantees that were used at lease inception, to induce those landlords to enter into those leases. Based upon longstanding legal precedent, this legislation could be found to be facially invalid on constitutional grounds. By Massimo F. D’Angelo | May 26, 2020  Full Article…

By William J. Geller We are in the calm before the storm.  With the state court system shut down for non-emergency matters, and evictions and foreclosures stayed, businesses have little reason to file for bankruptcy now, even though the Bankruptcy Courts are open and working remotely.  However, once the COVID-19 emergency measures ease, and the  Full Article…

By William J. Geller, Adam Leitman Bailey, P.C. On April 16, 2020, Governor Cuomo issued Executive Order 202.18 (EO 202.18), which among other things, extended several deadlines applicable to condominium and cooperative offering plans.  EO 202.18 tolls several deadlines that could prevent condo/co-op sponsors from completing and selling condo/co-op projects, though it does not significantly  Full Article…

The ‘Regina’ decision will have significant reverberations for the real estate market going forward, as it will unfreeze the chill over the purchase and sale of rent-regulated buildings. By Massimo F. D’Angelo | April 08, 2020 On April 2, 2020, the New York State Court of Appeals issued a split decision (4-3) on a string of four rental  Full Article…

By Massimo D’Angelo April 7, 2020 On the scale of pandemics, the novel coronavirus, commonly referred to as COVID-19,[1] is unprecedented, and ranks among one of the worst in human history, not only in terms of its virulence, but in economic destruction as well. While scientists hastily work toward developing a vaccine and antiviral drugs  Full Article…

This article reviews the “good cause” standard under RPAPL §749(3) and examines the possible role in nonpayment proceedings of the newly minted RPAPL §753, as we enter the coming era of landlord-tenant litigation. By Massimo F. D’Angelo March 04, 2020 The passage of the Housing Stability and Tenant Protection Act of 2019 (HSTPA) on June  Full Article…

By Noeleen G. Walder July 9th, 2009 Temporary Relocation to Aid Aging Parents Found No Basis for Eviction From Rent-Stabilized Unit A landlord cannot evict a mother who left her teenaged daughter behind in her rent-stabilized New York City apartment while she relocated to California to care for her ailing parents, a state appellate court  Full Article…

Represented the purchaser in the acquisition of a building on West 87th Street for $10,300,000 on December 19th. The building contains 4 commercial tenants, a number of SRO units and a hostel. Represented the seller in the sale of 3 buildings located on West 158th Street, West 159th Street and West 161st Street for $10,000,000 on  Full Article…