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Landlord & Tenant
Liquidated Damages Provision Not an Unenforceable Penalty
The Carlyle, LLC v. Quik Park Beekman II, LLCOccupant Established Succession Right Despite Absence of Sexual or Blood Relationship
Matter of 530 Second Ave Co, LLC v. ZenkerRent Stabilization Provision Lost When Tenant Executed Lease In Corporate Name
Fox v. 12 East 88th Street LLC Comment In , 84 N.Y.2d 385, the Court of Appeals invalidated a statute authorizing hospitals to renew leases for rent stabilized apartments occupied by their employees. The court held the statute unconstitutional as a taking because it would require landlords to offer perpetually renewable Then, in , 229 A.D.2d 197, the First Department held that the employee-occupants of hospital-leased housing, as subtenants of the hospital who were not specifically named in the lease, were not entitled to renewal rights. The court relied on Rent Stabilization Law §26-5011, which provides that when an apartment is sublet, only the primary tenant can be entitled to a renewal lease. Cases subsequent to have reached conflicting outcomes regarding whether an individual occupant needs to be specifically named on the lease in order to benefit from rent stabilization protection. Two First Department cases have held that an occupant not named in the lease was not entitled to renew. Thus, in , 260 A.D.2d 207, the court rejected the argument that the individual Reverend tenant should be deemed primary tenant and entitled to a renewal lease in his name, emphasizing that he was not expressly named as primary tenant on the lease to a religious corporation. Similarly, in , 304 A.D.2d 310, the court held that the President of a corporate tenant was not protected by the Rent Stabilization Law because he was not designated in the lease, even though he had lived in the apartment for more than 20 years. At the same time, in other cases, the First Department has allowed extrinsic evidence to enable an occupant to renew a lease held by the corporate entity. In , 291 A.D.2d 13, the court held that occupants were entitled to renew when a lease issued to a corporation was accompanied by a stipulation in which the corporate entity identified particular individuals as the occupants of specific apartments. The stipulation in listed primary occupants in the 16 apartments leased by the then-closed, not-for-profit corporation for use by Jesuit priests. Additionally, in , 302 A.D.2d 306, the First Department allowed an individual tenant to take advantage of rent stabilization protections where, in prior court documents, landlord had recognized the individual occupant as a tenant by using the individual occupant's name as “the tenant doing business as a corporation.” In , the majority relied on the fact that the occupant executed the lease in the corporation's name and never identified himself as the specific individual occupant in any subsequent renewal leases. However, as the dissent points out, the individual occupant was listed as the tenant on the tenant information sheets completed in tandem with the lease, and had executed pet riders listing the individual's dogs. In addition, landlord addressed subsequent leases personally to the individual. This ruling continues the uncertainty about the scope of the casesPredecessor Landlord Waived Prohibition on Subleases and Assignments
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Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.