COVID-19 Defenses in Real Estate Litigation

At the onset and during the height of the COVID-19 pandemic, many commercial tenants that were unable to pay rent raised legal defenses (including, arguments based on the doctrines of frustration of purpose and impossibility, as well as the force majeure provisions in their leases) seeking to be excused from nonpayment and their other lease obligations. Nearly three years later, New York courts have had ample opportunity to decide numerous cases between commercial landlords and tenants concerning the COVID-19 defenses. This program will chart the historical development of force majeure and impossibility authority in New York, and provide attorneys with an update regarding the viability of COVID-era defenses, as well as practical litigation tips for counsel.

Please join Massimo F. D'Angelo of Akerman LLP as he addresses:

· The history of force majeure and impossibility (10 minutes)

· Recent New York court decisions regarding COVID-19 defenses in real estate litigation cases

• The common-law doctrines of frustration of purpose and impossibility (5 minutes)

                                 Review of prior and more recent appellate decisions (15 minutes)

• Force majeure of unavoidable delay provisions (5 minutes)

                                 Review of key appellate decisions (15 minutes)

· Summary and litigation practice tips (10 minutes)