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Force Majeure and Lease Restructuring Issues in the Wake of COVID-19

Total Credits
1.5 - 2.2
CDs/DVDs Only
This course is only available in CD/DVD format.
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This CLE program will open with a brief synopsis of the COVID-19 Pandemic, and the New York business closures adopted by Governor Cuomo’s decrees, inter alia, banning non-essential businesses and travel, as well as public gatherings to combat the spread of the contagion.

Then, our panelists will turn to analyzing the future of COVID-19 force majeure cases in support of nonperformance under commercial contracts, as well as new developments in the law in this arena. Included, will be a discussion of the role of the courts in determining the substantive issues in the event that the Legislature fails to step in to provide clarity, and the main body arguments that are presently being advanced by both landlord and tenant camps with regard to force majeure.

Lecturer Bios

Massimo F. D’Angelo, Esq.

Massimo F. D’Angelo is a partner at Adam Leitman Bailey, P.C. who is admitted to practice before the state courts of New York and New Jersey, and the U.S. District Courts for the Southern District and the Eastern District of New York and the District of New Jersey. Mr. D’Angelo represents condominium and cooperative boards and sponsors, as well as commercial and residential landlords and tenants in connection with complex real estate litigation matters, and regularly advises and represents clients in real estate administrative and environmental proceedings. Super Lawyers has repeatedly recognized Mr. D’Angelo as a New York Metro Area Rising Star.

Mr. D’Angelo has obtained the following significant decisions affecting New York real estate law:

Yuppie Puppy Pet Products, Inc. v. Street Smart Realty, LLC, 77 A.D.3d 197 (1st Dept. 2010) Established that a mortgagee can be permitted to intervene in an action where the defendant/mortgagor has defaulted. Arthur at the Westchester, Inc. v. Westchester Mall, LLC, 104 A.D.3d 471 (1st Dept. 2013) Successfully represented mall against challenge by retail tenant that a guaranty was want for lack of consideration even though the guaranty was executed prior to the lease. Westchester Mall, LLC v. Manoucher Hedvat, 104 A.D.3d 678 (2nd Dept. 2013) Reaffirmed the general rule that dismissals after opening statements are strongly disfavored absent extraordinary circumstances in a corporate veil piercing action brought against a commercial tenant and its principal. The Board of Managers of 266 West 115th Massimo F. D'Angelo - Adam Leitman Bailey PC - New York Real Esta... 1 of 3 6/29/2020, 5:30 PM Street Condominium v. 266 West 115th Street, LLC, 2014 WL 6791412 (N.Y.Sup.) In a case of first impression on two separate issues, successfully established that: (i) a board may pursue claims against a Sponsor’s principal, personally, where the principal signs the certification to the Offering Plan in his individual capacity; and (ii) a Sponsor may be liable for construction defects beyond the applicable notice period set forth in the Offering Plan when the Sponsor engages in repairs beyond such notice period.

Prior to joining Adam Leitman Bailey, P.C., Mr. D’Angelo was engaged in private practice where he specialized in the litigation of sophisticated commercial lease issues and landlord-tenant matters for Simon Property Group, the nation’s largest real estate management firm, as well as other large scale real estate management companies such as General Growth Properties and Macerich. He has negotiated numerous high value settlements on behalf of his clients. In addition, Mr. D’Angelo has handled the general liability defense for many well-known publicly traded entities on matters including premises liability, construction defects and product liability claims including Costco and Best Buy.

Mr. D’Angelo has extensive experience in conducting trials and arguing appeals in both state and federal court. His reported cases include the following:

Goldman v. Stein, 60 A.D.3d 902 (2nd Dept. 2009); Pena v. Newell Funding, LLC, 2010, 09-4-7998 Ch. Div. (Essex County); Yuppie Puppy Pet Products, Inc. v. Street Smart Realty, LLC, 77 A.D.3d 197 (1st Dept. 2010); Retail Property Trust v. Lynda Ton, Ltd., 30 Misc.3d 1231(A); Nuzzo v. Horvath, 2011 WL 3795035 (N.J.Super.A.D.); Lauren Klimko v. Vinyl Works Canada, 2012 WL 5187919 (N.J.Super.A.D.); Dabbagh v. Newmark Knight Frank Global Management Services, LLC, 2012 WL 4674644 N.Y.A.D. (1st Dept. 2012); Wolff v. Best Buy, 2012 WL 5845579 (N.J.Super.A.D.); Westchester Mall, LLC v. Manoucher Hedvat, 2013 NY Slip Op 01400 (2nd Dept. 2013); Arthur at the Westchester, Inc. v. Westchester Mall, LLC, 2013 Slip Op 01509 (1st Dept. 2013); Connors v. Hochberg, 2014 WL 1294370; 201 W. 89th Owners, Inc. v. Mostel, 46 Misc.3d 1201(A) (N.Y.City Civ.Ct. 2014); Board of Managers of 266 West 115th Street Condominium v. 266 West 115th Street, LLC, 2014 WL 6791412 (N.Y.Sup.); NYCTL 1998-1 Trust v. Rodriguez, 2015 N.Y. Slip Op. 25370 (N.Y.Sup.); Suarez v. Turin Housing Development Fund, Co., Inc.,2015 WL 400175 (N.Y.Sup.); Kobyleckyj v. Kobyleckyj, 2016 WL 5709958 (N.Y.Sup.); Bd. of Managers of the Bayard Views Condominium v. FPG Bayard, LLC, Massimo F. D'Angelo - Adam Leitman Bailey PC - New York Real Esta... 2 of 3 6/29/2020, 5:30 PM 2017 WL 1435430 (N.Y.Sup.); Akagi v. Turin Housing Development Fund, Co., Inc.,2017 WL 1076345 (S.D. New York); Kobyleckyj v. Kobyleckyj, 2017 N.Y. Slip Op. 30063(U).

Mr. D’Angelo is a member of the New York State Bar Association, the New York County Lawyers’ Association, and the New Jersey State Bar Association. He also a member of the Columbus Citizens Foundation and serves on the Board of Trustees for La Scuola d’Italia Guglielmo Marconi, the membership committee of the Columbian Lawyers Association, First Judicial Department, and as Legal Counsel to the Association of Italian American Educators, a non-profit organization that was organized to enhance the Italian American image and presence in academia.

Mr. D’Angelo is fluent in Italian and conversant in French and Spanish.

Lucas A. Ferrara, Esq.

Lucas A. Ferrara Partner For the past three decades, Lucas has been advocating his clients' interests in federal, state, and local forums. At Newman Ferrara LLP, Lucas represents landlords, tenants, asset managers, real-estate brokers, buyers, sellers, along with cooperative and condominium owners and boards, in a wide array of disputes -- with his accomplishments including a twenty-eight day trial which culminated in a multi-million dollar recovery for his clients. In 2002, Lucas was appointed an Adjunct Professor of Law at New York Law School where he teaches both legal theory and the real-world application of the law to hundreds of tomorrow's lawyers. He also serves as Adjunct Associate Professor of Real Estate at New York University's School of Continuing and Professional Studies, where he leads a number of real-estate courses geared for non-attorneys. (His innovative work at NYU earned him that school's "Teacher's Excellence Award.") In addition to being regularly quoted by the New York Times and other media outlets, Lucas has written a number of essays and articles which have appeared in a variety of publications including New York Newsday, the New York Law Journal, and the New York State Bar Journal. He is the named co-author of the West threevolume textbook " Landlord and Tenant Practice in New York" and has contributed a chapter to West's "New York State Administrative Procedure and Practice." Prior to his legal pursuits, Lucas was affiliated with the Mayor's Voluntary Action Center of the City of New York, where his efforts to promote community service by way of volunteerism were acknowledged by several New York City Mayors. Lucas A. Ferrara has been selected for inclusion on the list of Super Lawyers® every year since 2007. Recognized for his superior professional accomplishments, he is one of a select group of legal practitioners in the New York Metro area to achieve "Top 100" recognition.

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