Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

On May 7, 2024, Justice Andrew Borrok granted a lender’s motion to intervene in an owner-tenant dispute on the basis that the lender had a contractual, current right to cure any default by the tenant. In NG Crown 20 E. 46th Street LLC v. 18-20/22 East 46th Street LLC, Index No. 656817/2022, the lease in dispute provided that, in the event of a default by the tenant, the lender has “certain current rights,” including the right to cure any tenant default. The owner opposed the motion by arguing it was either premature or otherwise untimely. The Court disagreed, finding that a motion to intervene could be made. It explained: Read More

On January 30, 2024, Justice Andrew Borrok granted a motion to dismiss a tenant’s action for money damages brought against its landlord for unreasonably preventing it from reopening following the lifting of government restrictions surrounding COVID-19. The decision in 2M Hospitality Group, LLC v. Sahara Plaza, LLC, Index No. 653345/2023, concluded that a provision in the lease waived the tenant’s right to money damages based on the landlord’s failure to act reasonably or default under the lease. The Court also explained, in part: Read More

In a Decision, dated November 7, 2022, in 42 W. Group v. 510 W42 Hotel Operating LLC, Index No. 652713/2022, Justice Joel Cohen granted a preliminary injunction in a commercial landlord tenant proceeding to prohibit plaintiff from using amplification devices that would make sound audible from outside of the premises, in accordance with the terms of the commercial lease between defendant and plaintiff. The Court set the undertaking required for the preliminary injunction at $10,000, explaining: Read More