Massimo F. D'Angelo

If used appropriately, a CPLR 3213 motion for summary judgment in lieu of complaint is a useful tool that can provide a landlord with an accelerated money judgment against a guarantor without the need to engage in costly and time-consuming formal pleadings, lengthy discovery, and other motion practice.

As 2024 gets into full steam, we will take a look back on a key emerging area of real estate law in 2023: the expanding restrictions on transactions by foreign persons, including foreign direct investments, in U.S. real estate.

This article discusses recent developments in Yellowstone law.

A discussion of how to navigate RPAPL 881 and construction access post-Covid, providing an overview of the key factors that NYC property owners, developers, and neighbors alike, should consider when faced with any construction project.

The Delaware Chancery Court has long been recognized by legal practitioners, as well as businesses across the country, as an ideal forum to efficiently resolve corporate disputes to prevent immediate irreparable harm, as a result of ultra vires corporate actions — particularly in instances where a corporation's governing documents mandate that all corporate disputes be resolved by arbitration.

The New York courts including the Appellate Division have had the opportunity to rule on numerous COVID-era cases litigated between commercial landlords and tenants. This article looks at the court’s rulings concerning COVID-19 defenses.

On August 17, 2020, Governor Andrew Cuomo announced that all gyms and fitness centers in New York State may reopen for operation on Wednesday, September 2, 2020. (Indoor group fitness classes may be delayed beyond that date.) Upon reopening and until further notice, gyms and fitness centers are required to operate at sharply reduced capacity, and must strictly adhere to rigorous health and safety protocols, including requiring all users of the facility to wear masks at all times.

The… Show more

On August 17, 2020, Governor Andrew Cuomo announced that all gyms and fitness centers in New York State may reopen for operation on Wednesday, September 2, 2020. (Indoor group fitness classes may be delayed beyond that date.) Upon reopening and until further notice, gyms and fitness centers are required to operate at sharply reduced capacity, and must strictly adhere to rigorous health and safety protocols, including requiring all users of the facility to wear masks at all times.

The purpose of this column is to outline the relevant New York State-mandated rules and regulations governing the reopening of gyms and fitness centers, and to analyze the potential liability for cooperatives and condominiums that opt to reopen their facilities in the midst of the ongoing COVID-19 pandemic. Show less

While the COVID-19 force majeure law continues to take shape, it appears that there will be no legislation enacted by the Legislature to impose some modicum of uniformity with regard to force majeure — namely, whether COVID-19 is defined as a casualty or direct physical loss. Therefore, it will be the courts making these billion-dollar determinations, and as we have already witnessed over the past several months, these decisions will lend themselves to contradictory rulings that largely depend… Show more

While the COVID-19 force majeure law continues to take shape, it appears that there will be no legislation enacted by the Legislature to impose some modicum of uniformity with regard to force majeure — namely, whether COVID-19 is defined as a casualty or direct physical loss. Therefore, it will be the courts making these billion-dollar determinations, and as we have already witnessed over the past several months, these decisions will lend themselves to contradictory rulings that largely depend on how the judge sitting on these cases define these crucial terms.

Most importantly, courts must decide whether the viral matter from the disease, which attaches to properties, constitutes a physical element to support a finding of casualty or direct physical loss, that would allow businesses to recover from their enormous business losses at the hands of the pandemic. Show less

This article discusses the recent carve out to the Statute of Frauds that was created by the Korman v. Corbett case, which now allows parties to seek specific performance of an oral agreement to purchase real property where that party has partially performed thereunder.

Local government in New York City has adopted recent legislation adversely impacting commercial landlords by abolishing personal guarantees that were used at lease inception, to induce those landlords to enter into those leases. Based upon longstanding legal precedent, this legislation could be found to be facially invalid on constitutional grounds.

Although the COVID-19 pandemic has borne unprecedented loss of human life, along with a capitulation of the economy, particularly in New York City, the pandemic's epicenter, the legislation's cancellation of certain commercial personal guarantees is equally unprecedented in our legal history.

In fact, since the foundation of our nation, we have lived through great crises ranging from Vietnam to large-scale financial collapses, but never have individual guarantees been canceled. Given the… Show more

Although the COVID-19 pandemic has borne unprecedented loss of human life, along with a capitulation of the economy, particularly in New York City, the pandemic's epicenter, the legislation's cancellation of certain commercial personal guarantees is equally unprecedented in our legal history.

In fact, since the foundation of our nation, we have lived through great crises ranging from Vietnam to large-scale financial collapses, but never have individual guarantees been canceled. Given the passage of the legislation, it will be interesting to see whether the police powers of the city trump the impairment of the parties' contract obligations under the contracts clause. Show less

On April 2, 2020, the New York State Court of Appeals issued a split decision (4-3) on a string of four rental overcharge cases in the Matter of Regina Metro Co. v. New York State Div. of Hous. & Community Renewal, 2020 NY Slip Op 02127, holding that the retroactive application of the newly enacted rent overcharge provisions (Part F) of the Housing Stability and Tenant Protection Act of 2019 (HSTPA) offended traditional notions of substantial justice embodied in the Due Process Clause. As… Show more

On April 2, 2020, the New York State Court of Appeals issued a split decision (4-3) on a string of four rental overcharge cases in the Matter of Regina Metro Co. v. New York State Div. of Hous. & Community Renewal, 2020 NY Slip Op 02127, holding that the retroactive application of the newly enacted rent overcharge provisions (Part F) of the Housing Stability and Tenant Protection Act of 2019 (HSTPA) offended traditional notions of substantial justice embodied in the Due Process Clause. As explained in this article, Regina has now lifted the chill that had been imposed over the purchase and sale of rent-regulated buildings under the HSTPA’s radical expansion in opening the review of an apartment’s entire rental history. Show less

The COVID-19 pandemic has already opened the floodgates of litigation, with litigants seeking to excuse performance on their commercial contractual obligations and insurance coverage on their business interruption claims. The influx of litigation regarding these issues will only increase as the pandemic drags on. Oftentimes, world chaos leads to the development of the law, particularly within the insurance realm, and COVID-19 will be no different. This article analyzes business interruption… Show more

The COVID-19 pandemic has already opened the floodgates of litigation, with litigants seeking to excuse performance on their commercial contractual obligations and insurance coverage on their business interruption claims. The influx of litigation regarding these issues will only increase as the pandemic drags on. Oftentimes, world chaos leads to the development of the law, particularly within the insurance realm, and COVID-19 will be no different. This article analyzes business interruption claims in the event that the New York Legislature does not intervene to clarify whether business interruption encompasses the current pandemic. Show less

On March 12, 2020, the World Health Organization (WHO) classified the outbreak of the coronavirus, generally referred to as COVID-19, a pandemic. Since its discovery, the contagion has quickly spread throughout the world like a wildfire, killing hundreds of thousands of people in its path. In addition to the major human death toll, COVID-19 has crippled economies around the globe, as world leaders have enacted strictly mandated lockdowns in an effort to slow down its transmission. This article… Show more

On March 12, 2020, the World Health Organization (WHO) classified the outbreak of the coronavirus, generally referred to as COVID-19, a pandemic. Since its discovery, the contagion has quickly spread throughout the world like a wildfire, killing hundreds of thousands of people in its path. In addition to the major human death toll, COVID-19 has crippled economies around the globe, as world leaders have enacted strictly mandated lockdowns in an effort to slow down its transmission. This article analyzes contractual nonperformance under parties' force majeure provisions, and provides an explanation on the doctrines of impossibility, impracticability, and frustration of purpose. Show less

This article, which Mr. D'Angelo co-authored with the Hon. “John” Zhuo Wang, reviews the “good cause” standard under RPAPL §749(3) and examines the possible role in nonpayment proceedings of the newly minted RPAPL §753, as we enter the coming era of landlord-tenant litigation.

When the state’s prior rent regulation laws were overhauled back in June of 2019, they were replaced by the Housing Stability and Tenant Protection Act of 2019 (HSTPA), whose purpose was to extensively strengthen tenants’ statutory rights in combating their financially superior landlords. To meet this objective, the HSTPA made sweeping reforms to the rental overcharge laws by extending the statute of limitations on overcharge claims from four to six years, and increasing the treble damages… Show more

When the state’s prior rent regulation laws were overhauled back in June of 2019, they were replaced by the Housing Stability and Tenant Protection Act of 2019 (HSTPA), whose purpose was to extensively strengthen tenants’ statutory rights in combating their financially superior landlords. To meet this objective, the HSTPA made sweeping reforms to the rental overcharge laws by extending the statute of limitations on overcharge claims from four to six years, and increasing the treble damages period from two to six years. However, this article discusses the most significant changes, those made to the overcharge laws, allowing examination of the entire rental history of apartments, from the beginning of time. Show less

The sunset provisions that extended affordable housing protections—which can be traced back to World War II—to the roughly one million apartments within New York City covered by the Rent Stabilization Law of 1969 and Emergency Tenant Protection Act of 1974 (collectively, the RSL), were set to expire on June 15, 2019. Therefore, it came as no surprise that Gov. Andrew Cuomo signed the Housing Stability and Tenant Protection Act of 2019 (HSTPA) into law on June 14, 2019, the day after it was… Show more

The sunset provisions that extended affordable housing protections—which can be traced back to World War II—to the roughly one million apartments within New York City covered by the Rent Stabilization Law of 1969 and Emergency Tenant Protection Act of 1974 (collectively, the RSL), were set to expire on June 15, 2019. Therefore, it came as no surprise that Gov. Andrew Cuomo signed the Housing Stability and Tenant Protection Act of 2019 (HSTPA) into law on June 14, 2019, the day after it was passed by the Legislature, extending rent regulation statewide. However, this article discusses how the HSTPA, which also came on the heels of Mayor Bill de Blasio’s recent pronouncements that New York City is in the midst of a major affordable “housing crisis,” went radically beyond simply extending the prior protections afforded by the RSL, and analyzes whether these laws can pass constitutional muster. Show less

In Holy Properties Ltd., L.P. v. Kenneth Cole Productions, 87 N.Y.2d 130 (1995), New York adopted the minority view, holding that a landlord has no duty to mitigate its damages where the tenant vacates prior to the expiration of the lease term. This article discusses how the recently enacted Housing Stability and Tenant Protection Act of 2019 ("HSTPA"), which Gov. Andrew Cuomo signed into law on June 14, 2019, completely abrogated the no-mitigation rule in the context of residential leases in… Show more

In Holy Properties Ltd., L.P. v. Kenneth Cole Productions, 87 N.Y.2d 130 (1995), New York adopted the minority view, holding that a landlord has no duty to mitigate its damages where the tenant vacates prior to the expiration of the lease term. This article discusses how the recently enacted Housing Stability and Tenant Protection Act of 2019 ("HSTPA"), which Gov. Andrew Cuomo signed into law on June 14, 2019, completely abrogated the no-mitigation rule in the context of residential leases in NY. It should be noted that Holy Properties still remains good law in the commercial realm. Show less

For over half a century, the "Yellowstone" injunction has served as the commercial tenant’s most powerful sword when faced with eviction. This article discusses the recent decision by the Court of Appeals in 159 MP Corp. v. Redbridge Bedford, LLC, — N.E.3d —-, 2019 WL 1995526 (N.Y.), 2019 N.Y. Slip Op. 03526, holding that sophisticated knowledgeable business entities negotiating at arms-length can waive the right of a tenant to seek Yellowstone relief. Subsequent to this decision, the NY… Show more

For over half a century, the "Yellowstone" injunction has served as the commercial tenant’s most powerful sword when faced with eviction. This article discusses the recent decision by the Court of Appeals in 159 MP Corp. v. Redbridge Bedford, LLC, — N.E.3d —-, 2019 WL 1995526 (N.Y.), 2019 N.Y. Slip Op. 03526, holding that sophisticated knowledgeable business entities negotiating at arms-length can waive the right of a tenant to seek Yellowstone relief. Subsequent to this decision, the NY Legislature enacted a law rendering these waivers void as a matter of public policy. However, 159 MP Corp. still remains good law on parties' ability to contract freely (other than in waiving Yellowstone), as it imparts stability, particularly with regard to real property, where certainty is a paramount concern. Show less

This article discusses the powerful legal remedy of the "partition," which allows co-tenants who no longer desire to hold property in common with their fellow co-tenants, to extract monies rightfully owed to them for managing and operating the subject property. The article also explains, in detail, the legal rights and obligations of co-tenants vis-à-vis the property, to account to the other co-owners, and in particular, to care for the property as quasi-trustees or fiduciaries, with the… Show more

This article discusses the powerful legal remedy of the "partition," which allows co-tenants who no longer desire to hold property in common with their fellow co-tenants, to extract monies rightfully owed to them for managing and operating the subject property. The article also explains, in detail, the legal rights and obligations of co-tenants vis-à-vis the property, to account to the other co-owners, and in particular, to care for the property as quasi-trustees or fiduciaries, with the highest standard of care. Show less

The New York City Department of Housing Preservation and Development (“HPD”), touts its Alternative Enforcement Program (“AEP”), which was established in 2007, as one of the City’s “most effective enforcement tools for addressing distressed properties.” HPD is authorized to issue massive fines to building owners that are selected for the AEP program, particularly where those owners fail to make timely repairs. This article provides important information to owners on how to best navigate through… Show more

The New York City Department of Housing Preservation and Development (“HPD”), touts its Alternative Enforcement Program (“AEP”), which was established in 2007, as one of the City’s “most effective enforcement tools for addressing distressed properties.” HPD is authorized to issue massive fines to building owners that are selected for the AEP program, particularly where those owners fail to make timely repairs. This article provides important information to owners on how to best navigate through the AEP. Show less

Recently, in The Board of Managers of 266 West 115th Street Condominium v. 266 West 115thStreet, LLC, et al., 2014 NY Slip Op 33047 (Sup. Ct. 2014) – a precedent-setting decision on two separate issues – the New York State Supreme Court held that: (i) the principal of a Sponsor can be found to be personally liable for construction defect claims under a veil piercing or alter ego theory; and (ii) a Sponsor risks waiving an explicit notice requirement as to defective conditions when it… Show more

Recently, in The Board of Managers of 266 West 115th Street Condominium v. 266 West 115thStreet, LLC, et al., 2014 NY Slip Op 33047 (Sup. Ct. 2014) – a precedent-setting decision on two separate issues – the New York State Supreme Court held that: (i) the principal of a Sponsor can be found to be personally liable for construction defect claims under a veil piercing or alter ego theory; and (ii) a Sponsor risks waiving an explicit notice requirement as to defective conditions when it voluntarily undertakes repairs beyond the expiration of the notice period. Show less