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In Matter of Avella v. City of New York, NYLJ 6/7/17, p. 22., col. 1., the Court of Appeals enjoined development of a retail mall on what is now Citi Field’s parking lot, holding that the development proposal would constitute an impermissible alienation of parkland by the City of New York. Although the entire court agreed that the public trust doctrine prohibits alienation of parkland without legislative authorization, Chief Judge Janet DiFiore differed with her colleagues about whether the legislature had — more than 50 years ago — provided the necessary authorization.
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The Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
By New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
By New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
By New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest
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