Three recent decisions demonstrate how the legal landscape
continues rapidly to change and evolve in response to COVID-19.
These decisions highlight certain developing uncertainties in the
law, including the impact of COVID-19-related executive and
administrative orders on the rights of private parties.
D2 Mark LLC v. OREI VI Investments, LLC
In D2 Mark LLC v. OREI VI Investments, LLC, a New York
state court evaluated what constituted a “commercially
reasonable” Uniform Commercial Code (“UCC”)
foreclosure sale “during the world-wide COVID-19
pandemic.”1The court issued a preliminary
injunction halting the UCC foreclosure sale of the Mark Hotel in
New York City after the plaintiff, a mezzanine borrower, had
defaulted as a result of COVID-19 related financial hardship.
