Court of Appeals Held that “Good Guy Guarantor” Finished First
- Oct 24 2025
By: Jonathan H. Freiberger Today’s article addresses 1995 Cam LLC v. West Side Advisors, LLC, a case decided on October 21, 2025, by the New York Court of Appeals. In …
Posts Tagged ‘ Commercial Leases ’
NEW YORK COURT OF APPEALS REAFFIRMS THAT LEASE LANGUAGE DETERMINES OUT OF POSSESSION LANDLORD’S LIABILITY TO THIRD PARTIES
- Nov 1 2019
There has been a lot of litigation regarding an out of possession landlord’s tort liability to third parties. Generally, an out of possession landlord “is not liable for injuries resulting …
The Appellate Division, First Department, Reiterates That A Commercial Tenant Cannot Obtain A Yellowstone Injunction When Faced With Notice Of An Incurable Default
- Mar 6 2019
Around two centuries ago, German writer and statesman, Johann Wolfgang von Goethe, wrote that “precaution is better than cure.” While von Goethe’s quote is applicable to a variety of situations, …
Appellate Division, Second Department, Enforces Waiver Of Declaratory Relief In Commercial Lease Resulting In The Denial Of Tenent’s Yellowstone Injunction
- Feb 9 2018
On January 31, 2018, the Second Department decided 159 MP Corp. v. Redbridge Bedford, LLC. The Court in 159 MP, recognized that the “appeal raises an issue of first impression …
