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Sales and Leasing

  • By: Michael Kayam
  • Published: August 2, 2019

WAIVER OF YELLOWSTONE INJUNCTION UPHELD BY COURT OF APPEALS By: Michael M. Kayam, Esq., of Lasser Law Group, PLLC In New York, the Yellowstone injunction has long been a form of legal relief used by commercial tenants who have been served with a notice to cure by their landlord to obtain an extension from a court to cure the default and…Read More

Housing Stability and Tenant Protection Act of 2019
  • By: Stephen M. Lasser
  • Published: July 30, 2019

The Housing Stability and Tenant Protection Act of 2019 and Statewide Housing Security Protection Act of 2019 (collectively the TPA 2019) were signed into law by Governor Cuomo on June 14, 2019, and all landlords and tenants in New York will be affected by its sweeping amendments of long-standing New York laws. This article summarizes some of the most potentially…Read More

  • By: Stephen Lasser, New York Real Estate Journal
  • Published: November 20, 2018

Every commercial and residential lease should contain at least one conditional limitation. A conditional limitation is a lease provision that provides for the automatic termination of the lease upon a tenant’s failure to cure a default. In New York, most leases have separate and different conditional limitation provisions for non-monetary and monetary lease defaults, although frequently in both commercial and…Read More

  • By: Stephen M. Lasser, Article
  • Published: June 26, 2018

An issue that commercial landlords frequently have to address is tenants falling behind in their rent payments and then filing for bankruptcy protection. Once a tenant declares bankruptcy, an “automatic stay” goes into effect, which makes it illegal for the landlord to pursue eviction and collection efforts against the tenant except through the channels available through the tenant’s bankruptcy court…Read More

  • By: Michael Kayam, Article
  • Published: January 29, 2018

In recent years, retail pop-up shops have become a growing trend among property owners looking to increase cash flow or traffic to their properties as well as businesses looking to reach new markets or test a new product while limiting their potential long-term lease obligations. This trend started gaining popularity during the depression of 2009 when property owners experiencing high…Read More

  • By: Michael Kayam
  • Published: July 25, 2017

In New York a real estate broker or salesperson can use a mechanics’ lien to collect an unpaid commission after procuring a tenant for a commercial landlord pursuant to New York Lien Law § 10.  This statutory right to file a mechanics’ lien against a landlord’s property was enacted in 1982 in order to address the growing problem of landlords…Read More

  • By: Stephen Lasser, Article
  • Published: April 13, 2014

Like other business negotiations, commercial lease negotiations depend on market conditions and the bargaining strength of the parties to the transaction (i.e., the landlord and tenant). Unless a commercial tenant is a bank or fortune 500 company, most landlords require new tenants signing a lease to deposit a sum of money equal to several months rent as a security deposit…Read More