Todd Soloway Co-Authors New York Law Journal article “Using Self-Help to Remove Unwanted Hotel Management.”
Partner Todd Soloway, head of Pryor Cashman’s Real Estate Litigation practice, co-authored the New York Law Journal article entitled “Using Self-Help to Remove Unwanted Hotel Management.” The article appeared in the New York Law Journal on August 19, 2015.
The term "self-help" reflexively sends shivers down the spines of practitioners and judges alike. Perhaps it is time for another perspective. Rights of self-help regularly make appearances in various contexts including in commercial leases and have become a regular adjunct to a hotel owner's right to remove an unwanted hotel management company even with years remaining on the parties' management agreement.
Though hotel managers may refuse to vacate the hotels they operate even after termination of their management contracts, under New York law, hotel owners are not required to go through a lengthy and costly eviction process in order to remove a hotel management company from occupancy of their hotels. Rather, under long-standing New York law, hotel owners have the absolute right to use self-help to peacefully evict a manager without the need to seek judicial intervention.
In issuing temporary restraining orders and, in some cases, preliminary injunctions against the use of self-help on the grounds that hotel owners are required to seek judicial permission to oust a terminated hotel manager, courts have disregarded long-standing, clear case law set forth. By doing so, courts deprive owners of their absolute right of self-help and incentivize hotel management companies to flout the law, resulting in only further litigation.
To read the article, please click here.
