A “good guy guaranty” is generally understood to be a limited personal guaranty for a lease obligation – an obligation that applies only to the time the entity tenant remains in occupancy prior to the return of the leased premises to the owner/landlord, at which point the personal obligation/liability ends.

“Good guy” and other guaranties are often the subject of contentious litigation.  Six recent in Supreme Court, New York County, examples follow:

ET 46 Main St. LLC v. Lord & Guy, LLC, 2016 NY Slip Op 31473(U) (Sup. Ct. N.Y. Co., Kern, J.) [decided on July 27, 2016] Continue reading


“Litigation hold” is a notice requiring the preservation of all data that may relate to a claim or lawsuit.  “Spoliation” is the loss or destruction of evidence relative to a legal proceeding.

The failure to send or implement a “litigation hold” may result in loss of evidence resulting in a claim of “spoliation” – the sanctions for which run the gamut from an adverse inference charge that the lost evidence was damaging in nature or, in the extreme, to the striking of a pleading. Continue reading

Court of Appeals #11

We recently published a new update on decisions from the Court of Appeals.