Stewart E. Sterk
What powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In Save America’s Clocks, Inc. v. City of New York, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it.
David S. Drobner
If you are involved in lease negotiations on behalf of retail asset owners, you already know that at least some tension inevitably arises while moving the deals along. This article gives focus to the tension, and suggests that the tension is not only desirable, but important to help improve negotiation results for all concerned.
Town Board Failed to Take ‘Hard Look’ at Amendment
Jurisdictional Determination from Army Corps
Developer Failed to Allege Concrete Injury
Bruce J. Bergman
Can a foreclosing plaintiff choose whom to name as a party defendant in a foreclosure action? In New York, in the absence of prejudice to the defaulting property owner, the answer is yes. Although a recent holding of New York’s Appellate Division, Second Department, tacitly suggests “no,” the case may not have addressed the actual controlling principles.
Illusory Tenancy Claim
Trial Required to Disprove Malice
Court Upholds Conditions Imposed on Zoning Variance
Notice of Termination Not Defective for Being Sent By Attorney
Hearing Required to Determine Whether Lease Denied for Unconstitutional Reasons
Will a Rising Tide of Managed Solutions Transactions Sink the Most Venerated of Leasing Provisions?
There is change afoot in the equipment leasing marketplace, and it portends a potentially seismic shift in the perception, usefulness and utility of the well-tested HOHW clause.
Corporations with private fleets in the U.S., as well as for-hire carriers, have begun ordering faster than before. As the economy continues to strengthen, this trend will continue to grow and so will the need to replace aging equipment.
Kelly D. Stohs and David P. Vallas
Looking Ahead: Lessons Learned.
Part Five of a Five-Part Series.
As Mark Twain quipped, "The reports of my death are greatly exaggerated." So too is the reported retail "apocalypse" and "death" of the shopping center. In fact, U.S. retailers opened 1,326 more locations in 2017 than they closed. When restaurants are added to the mix, there were a total of 4,080 new openings in 2017 and another 5,050 openings planned this year.
Diagnosing financial distress, and the ability to address the relevant issues, is a necessary role of board members and senior executives.
Accounting and Financial Planning for Law Firms The Bankruptcy Strategist Business Crimes Bulletin Commercial Leasing Law & Strategy Cybersecurity Law & Strategy Entertainment Law & Finance The Intellectual Property Strategist Marketing the Law Firm New York Real Estate Law Reporter