5 Essential Steps for Commercial Landlords to Address Non-Paying Tenants in New Jersey
The process of evicting a non-paying tenant and then recovering unpaid rent can be confusing because it requires two separate legal proceedings: initiating the eviction…
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Waivers of Defenses in Personal Guarantees
Personal guarantees are written agreements under which a person or entity agrees to pay or be financially responsible for someone else’s debt.  Commercial personal guarantees…
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Breaking Down Gross Sales in Retail Lease Agreements
When negotiating a retail lease, it is critical for both landlords and tenants to address the concept of gross sales. Gross sales refer to the…
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Navigating the Nuances: Why Conflicting Forum Selection Provisions Matter in Multi-Contract Disputes
In complex business or commercial transactions, it is not uncommon for parties to sign multiple contracts, each with its own dispute resolution provision. A frequent…
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New York Appellate Division Maintains Yellowstone Injunction, Finding No Compelling Circumstances Warranting Vacatur
Yellowstone[1] injunctions are an important consideration in New York commercial landlord-tenant disputes. This type of injunction can protect a tenant’s leasehold interest in a subject…
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Analysis of Enforceability of Arbitration Clauses in light of V.S. v. Mobile, USA, Inc.
The decision bolsters the enforceability of arbitration clauses in consumer adhesion contracts.
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Coverage Appeal Highlights Challenges of Recovering COVID-related Business Losses
Businesses that suffered lost income as a result of COVID-19 and related government shutdown orders have faced an uphill battle recovering on property insurance policies. …
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Information on Drafting Robust Commercial Leases in New Jersey
Landlords, tenants, and their attorneys understand the importance of drafting robust commercial leases, yet they cannot foresee every eventuality. A recent unpublished opinion from the…
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What to Know about Use and Occupancy Pendente Lite Under NY Law if Your Commercial Property Is Tied Up in Litigation
If your commercial property becomes tied up in litigation, whether you’re the owner or tenant, you’ll want to know about the temporary rights and remedies…
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Lenders – No Matter How High of a Return – Do Not Lend to Chapter 11 Debtors Without Court Approval
Eric H. Horn and Heike M. Vogel discuss the Bankruptcy Court’s decision upheld by District Court.
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A.Y. Strauss
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