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Business Interruption New York

Rivkin Radler LLP

Advisory Council Recommends Amending NY’s Commercial Division Rules

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The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases...more

Zelle  LLP

The Aftermath of Covid-19 – New York’s Expansion of Business Interruption Coverage

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It is without question that Covid-19 affected the insurance industry worldwide resulting in substantial litigation commenced by insureds to recoup losses linked to government mandated shutdowns for nonessential businesses....more

Rivkin Radler LLP

New York Insurance Coverage Law Update - February 2024

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The insured, Consolidated Restaurant Operations, a company that owns and operates dozens of restaurants, obtained a commercial property policy from Westport Insurance Company. Subject to certain exclusions, the policy covered...more

Rivkin Radler LLP

COVID Biz Interruption Coverage Denied by NY Court of Appeals

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On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint...more

Goldberg Segalla

NY Court of Appeals Rejects Claim that COVID-19 Caused Physical Loss or Damage to Property

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On January 10, 2024, the New York State Court of Appeals – the state’s highest court – heard oral argument on an insurance coverage dispute for plaintiff Consolidated Restaurant Operations’ (CRO) business interruption claim...more

Rivkin Radler LLP

NY Court of Appeals Hears Oral Argument on COVID-19 Business Interruption Case

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On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed issues of first impression. Courts...more

Sheppard Mullin Richter & Hampton LLP

The Commercial Division Rejects Yet Another Insured’s Claim for Coverage for Covid-Related Revenues Losses

Does the business harm caused by COVID-19 qualify as “direct physical loss” for insurance purposes? In Spirit Airlines, Inc. v. American Home Assurance Company, Index No. 655755/2021, Commercial Division Justice Robert R....more

Jackson Lewis P.C.

What to Know About New York City’s Law on COVID-19 Severance Pay for Hotel Workers

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Under a New York City law, hotels with at least 100 rooms that either (1) experienced a mass layoff of 75% or more of their workforce or (2) were closed to the public during the COVID-19 pandemic, but have not reopened to the...more

Fox Rothschild LLP

Some New York City Hotels Must Pay Employees Severance

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The pandemic has hit New York City’s hotels particularly hard, leading to perhaps the industry’s worst year ever in 2020. Despite these incredibly difficult times, however, Mayor de Blasio signed into law on October 5, 2021 a...more

Sheppard Mullin Richter & Hampton LLP

Albany Commercial Division Looks Beyond “First-In-Time” Analysis When Considering Dismissal Pursuant to CPLR § 3211(a)(4)

Mac Parent LLC v. North American Elite Insurance Company, Index No. 906489/2020, Supreme Court, Albany County - On March 29, 2021, Justice Richard J. Platkin, of the Albany County Commercial Division, dismissed an...more

Buchalter

Buchalter COVID-19 Client Alert: Mind the Gap: No Rent Relief for The Gap in New York

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In one of the latest and most high-profile decisions from across the country relating to commercial tenants’ rent obligations during the COVID-19 pandemic, the United States District Court for the Southern District of New...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Dismisses Commercial Tenant’s Complaint Seeking to Rescind or Terminate Lease and Avoid Rent Obligations

Recently, in Valentino U.S.A., Inc. v. 693 Fifth Owner LLC, Justice Andrew Borrok of the New York County Commercial Division dismissed a complaint brought by Valentino U.S.A., Inc. (“Valentino” or “Tenant”), which sought to...more

Harris Beach Murtha PLLC

Amended N.Y. WARN Act Requires Advance Notice to Broader Range of Government Entities before Layoffs and Closures

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Under an amendment to the New York Worker Adjustment and Retraining Notification (“WARN”) Act, employers in New York state carrying out certain large layoffs or site closings will have to provide advance notice to a broader...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - April 2020 #3

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Congress Replenishes Paycheck Protection Program (PPP) Through its Phase Four Coronavirus Relief Package. On Tuesday, via unanimous consent, the Senate passed the Paycheck Protection Program Increase Act of 2020...more

Seyfarth Shaw LLP

Senate Passes Another Round of Coronavirus Relief to Replenish the Paycheck Protection Loan Program and Other Programs;...

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Summary - Late yesterday, the Senate passed the Paycheck Protection Program Increase Act of 2020. The measure appropriates a total of $484 billion, mainly to refund the Paycheck Protection Program (PPP), but also to provide...more

Harris Beach Murtha PLLC

New York Budget Bill Includes Changes in Employee Leave Law

It might not be business as usual, but business in New York goes on even as the state grapples with the coronavirus pandemic. New York State’s annual budget bill, signed by Gov. Cuomo on April 3, contains amendments to New...more

Seyfarth Shaw LLP

Proposed Rent Suspension Laws in New York, Other Potential Relief for New York Landlords and Possible Constitutional Challenges

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As discussed in our prior update, the New York Legislature is considering a pair of bills that would waive rent payments for a period of 90-days for those residential tenants that have lost their jobs or small business...more

Seyfarth Shaw LLP

New York Proposes Bill to Expand Business Interruption Coverage for COVID-19 Losses

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New York is the latest state to propose legislation intended to expand business interruption insurance coverage.  Introduced by Assembly Member Robert C. Carroll and co-sponsored by eight fellow legislators, A10226 (the...more

Seyfarth Shaw LLP

Amending Building Loan Contracts in New York in the Wake of COVID-19-Related Closures of Local Recorders’ and Clerks’ Offices

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The closure of local recorders’ and county clerks’ offices in the wake of COVID-19, and the prospect of future closures, has had a profound effect on commercial real estate transactions. This is particularly true in New York...more

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