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Articles by Steven Shackman
Surrender Alone Ends Neither War Nor Lease
Thomas Lambert, left, and Steven Shackman of Lambert & Shackman. Courtesy photos. The recent case of 1995 CAM LLC v. West Side Advisors LLC et al., 2025 N.Y. Lexis 1771, 2025 NY Slip Op. 05782 (2025) goes a long way to correcting a huge misunderstanding of the meaning, in New York real property law, of the term “surrender.” The meaning of the term “surrender” as a matter of law altogether is commonly misunderstood.
Piercing the Corporate Veil: Finding the Common Thread
In our economic and legal system, individuals hold the privilege of creating a corporation or limited liability company which is a legal person. In that way individuals can go into business under a company name, without being personally liable for the debts incurred by the company. If the company loses money and is unable to pay its debts, the individuals behind the venture can walk away. That’s the American way; it facilitates risk and enables business.
Must a Notice of Default Instruct the Tenant 'How To Cure?' Reconciling a Dichotomy Under the Case Law
The law abhors a forfeiture. Where a landlord invokes a lease provision entitling it to unilaterally prematurely end the term of the lease unless the tenant cures an alleged lease default within a prescribed time, the notice by which such right is exercised, referred to as a “notice of default” or “notice to cure,” will be strictly construed against the landlord. Lake Anne Realty Corp. v. Sibley, 154 A.D.2d 349, 545 N.Y.S.2d 828 (2d Dept. 1989). Thomas C. Lambert of Lambert & Shackman.
Legal Possession: What Does It Mean?
Commercial Leasing Law & Strategy Landlord Tenant Law Litigation Regulation Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is “the fact of having or holding property in one’s power.” That power means having physical dominion and control over the property. “Legal possession” is a term used by the landlord-tenant bar.
Legal Possession: What Does It Mean?
iStock “Legal possession” is a term used by the landlord-tenant bar. We recently came upon a settlement agreement which required the tenant to deliver “broom-clean legal possession” to the landlord on or before a date certain. In another situation, a good guy guaranty limited liability to obligations which accrue prior to the date the tenant delivers “legal possession” to the landlord.
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