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“Quiet Enjoyment” May Not Work, But New York Law and Leases May Provide Other Avenues for Relief for Commercial Tenants

As set forth in our prior update, commercial tenants in New York may not be able to establish a breach of the covenant of quiet enjoyment because of the ongoing pandemic, subject to specific lease language....more

Many Courts Delay Civil Litigation Due to The Pandemic, But Some Courts Are Pushing Back

We are continuing to track the impact of COVID-19 on courts and parties in civil litigation across the country. The COVID-19 pandemic is affecting every aspect of civil litigation, not only in-person proceedings…...more

Could Commercial Landlords be Liable for Exposure to COVID-19 Under New York Law?

The ongoing COVID-19 pandemic raises the question of whether landlords having leased properties for commercial uses can be held liable for injuries sustained when someone—whether employees of the commercial tenant or someone...more

Applicability of Force Majeure and Impossibility in the Wake of COVID-19 Under New York Law

In the wake of the recent COVID-19 pandemic, and its economic disruption, some contracting parties may seek to be excused from performance under their contracts. For contracts subject to New York law, including insurance...more

Continuing Impacts of the COVID-19 Pandemic on Discovery and Civil Litigation

In the wake of the ongoing COVID-19 pandemic, courts and parties across the United States are scrambling to figure how, or even if, to move civil litigation forward in pending matters given the current circumstances. As...more

New York Insurance Coverage Under Certain Policies in the Wake of COVID-19

During the ongoing COVID-19 emergency, some may wonder whether they are covered for losses stemming from the pandemic under certain insurance policies. For business or property owners, the most common policies insureds turn...more

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