Menachem Kastner, a member of Cozen O’Connor’s Real Estate practice, discusses the recent decision in Artcorp Inc. v. Citireach Realty Corp. case. The new ruling found that in order to overcome an incurable assignment, a tenant only needs to perfunctorily proclaim speculative or hypothetical facts to meet its pleading burden on a Yellowstone application. Due to this, Menachem states that the Artcorp ruling has made it almost impossible for an assignment to be deemed incurable.
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