Two recent decisions from Judge Zellan in New York County Civil Court tell the whole story of commercial cannabis eviction cases. Same judge. Same core question. Different outcomes. The difference was the evidence. To evict a commercial tenant for unlicensed cannabis sales, you need to prove "customary and habitual" illegal use. Those words have meaning. In one case, the landlord proved a single instance of cannabis sales over a 48-hour window. One day of enforcement. The cou

⚖️ Good Cause point for L&T practitioners: In Bedrock Equities LLC v. Husain, the Court rejected the argument that a month-to-month Good Cause holdover based on nonpayment was defective because the notice of termination did not specify the amount allegedly owed or the rental periods at issue. The Court’s reasoning was straightforward: this was a Good Cause holdover, not a classic RPAPL 711[2] nonpayment proceeding, and the statute did not require that level of detail in the p

⚖️ A tip for coop and condo boards: review your attorney's fees provisions before you need to enforce them. If the governing documents allow the board to recover fees regardless of default or merit, the provision may be unenforceable as unconscionable. In Kennedy House Owners, Inc. v Crawford, Judge Ibrahim got it right. Fee-shifting provisions should be contingent on success, not drafted so broadly that they deter shareholders or unit owners from bringing legitimate claims..

L&T attorneys (and really all litigators): before you commence a proceeding or action on behalf of an LLC, do a quick NY Department of State search and confirm the LLC satisfied the publication requirement under LLC Law §206. Courts have differing views on whether noncompliance is curable, but this is the kind of small issue that can derail an otherwise solid case.

New Good Cause Eviction caution for L&T practitioners: late payments alone may not be enough.

L&T Practitioners - Alert: Service on LLC Tenants in Summary Proceedings Now Uncertain

Court of Appeals Shakes Up Good-Guy Guaranty Law

🚨 Important Update for Landlord-Tenant Practitioners: The “Futility Doctrine” Has Been Abolished in the Second Department In Rodriguez v. HUB BK, LLC (App Term, 2d Dept, July 18, 2025), the Appellate Term formally abolished the “futility doctrine” in illegal lockout proceedings under RPAPL § 713(10). For decades, lower courts routinely invoked “futility” to deny restoration to possession (even where a lockout had occurred) on the theory that restoration would only “forestall

🚨 Victory at the Appellate Division for Pitter Law, PLLC Proud to share that the Appellate Division, First Department unanimously affirmed summary judgment in favor of our client, in a hard-fought commercial lease guaranty dispute. The defendants/guarantors attempted to walk back a stipulated settlement, so-ordered by the Civil Court and upheld as inherently fair, after defaulting on its terms. They raised new defenses (including usury and public policy arguments) for the fi

Lease/guaranty drafters and commercial guarantors, take note: a guarantor is not bound by a lease’s surrender requirements unless those requirements are expressly incorporated into the guaranty. Guarantors: when invoking a good guy guaranty, pay close attention to the wording. Are you required to obtain the landlord’s written consent for the surrender to be effective? That depends. You are obligated when the guaranty says something like: “surrender in broom-clean condition an

This article shows what many already know (and predicted in 2019). Rent-stabilized buildings are bleeding cash, and tenants aren’t getting needed improvements (to their apartments or the building). The HSTPA stripped away the tools owners need to reinvest or make lasting improvements, and stripped tenants of equity in their units. The legislature gave themselves a huge pat on the back. Apparently it's going to have to get much worse before it gets better. Credit Sasha Jones

Practitioners know you need to act fast when representing a commercial tenant in receipt of a Notice to Cure. But what happens if a TRO isn’t obtained before the cure period lapses?

Judge Goetz finds the "Guaranty Law" unconstitutional in an excellent analysis. This is the first trial-level decision I've seen which actually rules on the issue of constitutionality, instead of simply adopting the reasoning of Melendez.

The best way to serve process on Corp or LLC, is to serve the Secretary of State pursuant to the BCL or LLC Law. However, the Secretary of State has been taking MONTHS to mail out pleadings to Defendants, and by the time process is received, the time to answer has often already expired. This Second Department case finds that such a delay can satisfy the "excusable default" prong. https://www.nycourts.gov/reporter/3dseries/2024/2024_06565.htm