June 2, 2020 UPDATE: A Cautionary Tale in Zoning: Historical Use of a Property Does Not Guarantee Continued Future Use

Look to any contract for sale of a commercial property and you will find a “due diligence” provision. During this period, it is incumbent upon the prospective purchaser to investigate whether the property and its current or proposed use complies with the existing land use and zoning regulations. If the investigation reveals that the property is not in compliance with the intended use, the purchaser…

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May 29, 2020 UPDATE: Construction Contracts in the Age of COVID-19 and Potential Defenses to Non-Performance Under New York Law

The novel coronavirus has completely upended the way of life for New Yorkers – including the way we work, feed our families and interact with people in our own communities. Every industry, including construction, has been impacted by the pandemic. Pursuant to a series of Executive Orders issued by Governor Cuomo, all non-essential businesses have been shut down in New York. “Essential” construction has been…

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LONG ISLAND BEGINS PHASE 1 REOPENING WITH NEW SAFETY PLAN AND OSHA REQUIREMENTS AND A NEW “FORWARD” LOAN PROGRAM FOR SMALL BUSINESSES – 22

I. Long Island Begins Reopening             During his daily press conference on May 26, 2020, Governor Cuomo had some much welcome news; Today, Wednesday, May 27, 2020, the Long Island Region is permitted to start Phase I of its reopening. (New York City is not there yet.). In Phase 1, the following businesses may resume operations: (a) Construction; (b) Agriculture, Forestry, Fishing, Hunting; (c) Retail,…

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May 20, 2020 UPDATE: COVID-19 Raises Novel Issues in Commercial Leases

The economic fallout from the COVID-19 Pandemic presents considerable issues for commercial landlords and tenants. Due to state mandated closures, many tenants cannot generate sales and, as a result, are unable to meet their ongoing rental obligations. The inability of these tenants to pay their rent raises the question: what legal rights do commercial landlords have to collect the outstanding arrears? The answer to this…

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THE UPSIDE OF COVID-19?  YES, BUT FOR HOW LONG?

There is NOTHING good about COVID-19.  Who could argue with that statement?  Yet, there have been some environmental benefits resulting from the “pause” of modern life, in particular, cleaner air in some of the world’s most densely populated regions and cities. While the infection and sadly death rates soared over the past 2-plus months, the world has witnessed and enjoyed an unprecedented reduction in greenhouse…

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SBA Issues PPP Forgiveness Application, Which Provides Guidance on Eligible Payouts, Utilities, and Payroll Time Periods – 21

On Friday, May 15, 2020, the SBA issued the much-anticipated PPP loan forgiveness application. A copy of the application is available here. If you need any assistance, please do not hesitate to contact us. 1. Qualifying Utilities This application provides new guidance regarding how the PPP loan funds may be used. Notably, many questions have arisen as to which expenses qualify as “utilities.” The forgiveness…

Continue Reading SBA Issues PPP Forgiveness Application, Which Provides Guidance on Eligible Payouts, Utilities, and Payroll Time Periods – 21

May 18, 2020 UPDATE: Analyzing Commercial Contract Rights in Troubled Times

Numerous companies and individuals will be (or already are) negatively impacted by the COVID-19 pandemic in some way. As a result, many will be looking to the terms of their commercial contracts to determine if there is a way to minimize their own financial losses and exposures in the face of forced closures, cancellations, and general business interruption. However, not all clauses are created equal…

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May 15, 2020 UPDATE: SBA Now Permits Partnerships to Include Partnership Income When Calculating Payroll Costs and to Increase Loan Amount and ask for an Increase Even if Funded

  As the bumpy rollout of the SBA’s Paycheck Protection Program continues, the SBA provided new interim guidance permitting organizations to request an increase in the loan amount to include partnership income up to $100,000. As partners and business owners are not traditionally considered employees, it was previously an open question whether partners’ income could be included in payroll costs when calculating the loan amount.…

Continue Reading May 15, 2020 UPDATE: SBA Now Permits Partnerships to Include Partnership Income When Calculating Payroll Costs and to Increase Loan Amount and ask for an Increase Even if Funded

COVID-19’s Continuing Impact on Commercial Transactions and Businesses

As the world has been turned upside down by the onslaught of COVID-19, it has and will have significant impacts on contracts and agreements for many years to come. In this unprecedented time, it is important to look back on the essence of force majeure in existing contracts, and in the absence thereof, what the current state of the law has to say about such…

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Supreme Court Judge Rules Nassau County Tax Map Verification Fee is Unconstitutional

Justice Jeffery Brown of the State Supreme Court issued a ruling that strikes down Nassau County’s collection of a $335 fee that the County has been collecting to verify each tax lot referenced in any document presented for recordation with the County Clerk.  In the ruling, the Court ruled the fee is an unlawful and unconstitutional tax.  The fee originated with former County Executive Edward…

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