The Pandemic's Impact on Eviction Proceedings
In their latest article for New York Law Journal, Todd Soloway and Rachel Shaw explore the most recent pandemic-related governmental and administrative orders issued limiting eviction proceedings, as well as their impact on both commercial and residential proceedings in New York City.
While they note that the Chief Administrative Judge of the Courts issued various Administrative Orders establishing procedures and protocols designed to temporarily stay residential and commercial eviction matters before New York State Courts, they note that:
"How courts will interpret pandemic-related equitable defenses remains to be seen. Historically, New York courts have narrowly interpreted defenses to contractual performance. However, given the unprecedented crisis caused by the pandemic, courts may be sympathetic to residential and commercial tenants alike and encourage parties to come to the table with an open mind and a willingness to settle matters out of court. For many reasons, it is a whole new world."
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