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On Demand Audio

Key Provisions in Restaurant Leases

(922 reviews)

Produced on June 09, 2015

$ 89 Contract, Real Estate, and Food, Beverage, & Agriculture In Stock

Course Information

Time 1h 31m
Difficulty Intermediate

Course Description

Itkowitz PLLC partners Jay and Michele Maratto Itkowitz return in a discussion of the key provisions in restaurant leasing. Designed to teach attorneys all aspects of a restaurant leasing transaction, this program considers practical skills from both the landlord and tenant’s perspective.


As this area is heavily informed by case law, this program will also be helpful to all practitioners who want to know more about litigating disputes between landlords and restaurant tenants. 


Learning Objectives: 

I.    Grasp length of term and renewal considerations 

II.   Understand vital clauses including: 

  • The use clause 
  • Assignment clauses 

III.  Gain familiarity with collateral reassignments 

IV.  Explore considerations surrounding: 

  • Equipment, fixtures & signage considerations 
  • Right of attornment 

V.  Comprehend Good Guy Guaranties (GGG): 

  • that refer back to the lease 
  • and notice requirements 
  • and liens and encumbrances 
  • and rent abatements and clawbacks provisions 
  • and lease renewals, extensions and modifications 
  • Withdrawing from a GGG


Michelle Maratto Itkowitz has been practicing real estate law, specializing in the area of residential and commercial landlord and tenant law in the City of New York, for over twenty years. She also is very experienced in general commercial litigation and all manner of real estate transactions. 

Michelle publishes and speaks frequently on real estate and legal issues. The groups Michelle has taught for or presented to and the publications she has written for include:

  • The Columbia Society of Real Estate Appraisers
  • LandlordsNY
  • Lorman Education Services
  • The Association of the Bar of the City of New York
  • The New York State Bar Association, Real Property Section, Commercial Leasing Committee
  • Thompson Reuters
  • The Cooperator
  • The New York State Bar Association CLE Publications
  • The Brooklyn Real Estate Summits
  • The Association of the Bar of the City of New York
  • BisNow

Michelle gets quoted in the press on real estate and legal issues. Michelle produces tons of original and useful content on real estate and law and gets it out to the world in many ways – from booklets to podcasts, as well as many useful articles that can be found on her Teaching and Publishing blog. Michelle is the Legal Expert for LandlordsNY, where she answers members questions on as a guest on their blog. Michelle is developing an extensive curriculum of real estate continuing legal education videos with Michelle is currently co-authoring the New York State Bar Association's New York Commercial Landlord and Tenant Law and Procedure Book and she co-authored a chapter on lease remedy clauses for the New York State Bar Association Commercial Leasing. Michelle is a pioneer of Legal Project Management, a unique and better way for lawyers and clients to work together, which you can read much more about on her website or watch a Lawline CLE on.

Michelle is admitted to practice in New York State and the United States District Court for the Southern District of New York. Michelle’s professional associations include: the New York State Bar Association - Real Property Law Section and Commercial and Federal Litigation Section, Gotham City Network - New York City Real Estate Chapter, and the Brooklyn Chamber of Commerce. Michelle received a Bachelor of Arts in Political Science in 1989 from Union College, and a Juris Doctor in 1992, from Brooklyn Law School. Michelle is also a managing member of an executive office suite company and a founding member of an internet startup company that launched in 2012. Michelle sits on the board of directors of Building Blocs, a not-for-profit organization, and she has been honored by the Brooklyn Bar Association Volunteer Lawyer's Project.

There are many ways to keep up with Michelle. When Michelle tweets, which is not an obnoxious amount, you cannot only actually understand what she is saying, but it is useful stuff about real estate, business, and the legal industry that you might miss between the headlines. Michelle would be happy to speak to you.

Jay Itkowitz

Itkowitz PLLC

Jay Itkowitz is a partner at Itkowitz PLLC, an AV-rated, boutique law firm specializing in complex commercial litigation and transactions that has been serving the real estate industry in New York City for over twenty years. Mr. Itkowitz is admitted to practice in New York State, the U.S. District Court, Southern and Eastern Districts of New York, the U.S. Court of Appeals 2d Circuit, and the United States Supreme Court. Mr. Itkowitz graduated from New York Law School with honors in 1977, where he published a note in the Law Review.

Mr. Itkowitz has cleared several buildings for major capital projects. Itkowitz PLLC was lead counsel, for example, in evicting tenants from Grand Central Station in the mid 1990's so that its historic renovation could be commenced. Other "de-leasing" projects include clearing: a building at 750 Lexington Avenue for Cohen Bros. Real Estate Corp.; the New York City headquarters of the Directors Guild of America, Inc.; the New York Coliseum for the Triborough Bridge And Tunnel Authority; and a building on 11th Avenue in Manhattan containing approximately 150 sub-tenants for Charles Benenson & Preston R. Tisch.

Mr. Itkowitz is also a managing partner of a number of residential and commercial real estate projects. He is currently building a regional company offering state-of-the-art office suites for attorneys and other professionals, which has just opened a new facility on the top floor of 305 Broadway, New York, New York. He is also currently constructing a condominium building in Brooklyn, New York.

Mr. Itkowitz has been an adjunct professor of legal writing at New York Law School and has authored many articles and given many lectures on real estate issues, including for Lorman Education Services, the Practicing Law Institute, the New York State Bar Association, and the Rent Stabilization Association. Mr. Itkowitz and Michelle Maratto Itkowitz authored a chapter on lease remedy clauses for the New York State Bar Association Commercial Leasing Manual.

Mr. Itkowitz, a former investigative journalist for newspapers in the New York Metropolitan Area, began his legal career as an Assistant Corporation Counsel for the City of New York and has clerked for a U.S. District Court Judge for the Southern District of New York and a Kings County Supreme Court Judge. Mr. Itkowitz specializes in complex trial work.

Mr. Itkowitz can be contacted at 646-822-1801 or at


Zenali T.

Loved the repartee between the presenters, I would gladly sit for a ten hours cle with both of them. Illuminated topics succinctly, which had been so arcane in other cle programs. So good that i am now going to do the Good Guy unit.

Gerard M.

Informative duo.

Karen K.

Great Presenters! Useful Information!

Warren s.

Very informative material.

Robert H.

Very entertaining and informative

Holly J.

i loved the interaction was a realistic discussion

David Z.


Richard S.

Covered a lot of material in a short time. Great class

David D.

Very informative. Good substantive material.

Lora C.

If only every course was as engaging and informative as this one.

Judith T.

This is one of the best Lawline courses I have taken. The speakers are extremely knowledgeable and have a lot of practical experience. Plus the conversations and interactions between them make the material more interesting, with each speaker drawing out the best from the other.

William R.

very good, comprehensive discussion of restaurant leasing.

Melissa H.

This is a very good CLE re: commercial leasing in general, not just restaurant leasing. I liked the format of 2 presenters, made it more interesting listening to a discussion rather than a lecture. Good written materials as well.

Perry P.

Best installment yet in your series. Very substantive, lots of great tips and info. Thanks!

Paula H.

These two are hilarious! So cute and informative.

Jason H.

Great program - easily the best one I've seen on Lawline. I'd recommend to all. This is how CLE's are to be conducted.

David B.

Excellent program - great back and forth between the presenters.

James P.

Enjoyed the presentation - the style was engaging.

Julie A. B.

Thorough supplemental material.

Frank T.

very well done

Kari P.

Interesting dynamic.

Moty B.

Best presenters

Tim B.

excellent practical presentation by obviously very experienced counsel

thomas m.

informative and applicable.

Anthony F.

A rare good team effort by speakers - naturally complimentary

Peter B. T.

Good seminar. Good overall survey of important lease topics and situations.

Muhammad I.

These instructors are both entertaining and masterful.

chris k.

hilarious and interesting pair

JoAnn B.

The materials were excellent and the speakers very informative.

Mitchell L.

The two speakers worked well off of each other, worked out into a great program.

Stephen L.

Helpful, practical overview of the subject matter.

Jolie I.

Very concise and informative!


Neat topic.

Ken T.

This was an outstanding presentation

Joanna R.

the format kept it interesting!

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