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Jeffrey Turkel’s lead article in last month’s issue focused on the Regina Metropolitan case, in which the Court of Appeals invalidated a number of provision in Part F of the Housing Stability and Tenant Protection Act of 2019 (HSTPA), holding that retroactive application of those provisions violated the due process rights of landlords. On the same day, however, the Court of Appeals decided another case, Collazo v. Netherland Property Assets LLC, with implications for landlord-tenant disputes. In Collazo, the court held first that the HSTPA’s provision giving tenants a choice of forum for overcharge complaints enjoyed retroactive application, and second that a landlord’s failure to admit its violation of the Rent Stabilization Law in deregulating apartments does not give rise to a claim under section 349 of the General Business Law.
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By Danielle C. Lesser
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the “continuous operations provision” found in mall leases.
Insufficient Hostility to Establish Title By Adverse Possession or Prescriptive Easement
Adverse Possession Claim Against Governmental Land Upheld When Land Not Held for Governmental Purposes
No Preliminary Injunction in Action to Declare Sale Contract Void
Despite Proximity, Neighbor Lacked Standing to Challenge Alleged Zoning Violation
Neighbors Entitled to Remedy Against Landowner’s SLAPP Suit
Area Variance Denial Overturned
Condemnation Upheld Despite Benefit to Private Party