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In Matter of Avella v. City of New York, NYLJ 6/7/17, p. 22, col. 1, the New York 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.
By Janice G. Inman
Bankruptcy is a fact of life in the United States. When it happens, the treatment of a lease as either residential or non-residential may be crucial to all parties -- landlords, tenants, subtenants and their counselors.
By Barry M. Klayman and Mark E. Felger
In a recent decision, Bankruptcy Judge Christopher S. Sontchi addressed the question of whether a Chapter 11 debtor, the tenant under a commercial lease, could exercise an option to renew the lease during the bankruptcy proceedings, even though the debtor was in default under the lease and the lease specified that it could not be renewed if defaults existed at the time the option was exercised.
By David B. Saxe and Danielle C. Lesser
Is This The End of the ‘Yellowstone’ Doctrine?
Recently, New York’s Appellate Division, Second Department, acknowledged that commercial landlords may employ a strategy that prevents tenants from exercising Yellowstone rights, which enjoin the landlord from terminating the lease or commencing a summary proceeding.
Slip-and-Fall Victim Cannot Recover from Landlord or Tenant