Real Property Law

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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.

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• Development

  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

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• Landlord & Tenant Law

  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

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• Co-ops and Condominiums

  By New York Real Estate Law Reporter Staff

  Housing Discrimination Claim Dismissed
  Co-Op Did Not Breach Shareholder’s Guaranty Agreement
  Co-Op Not Exempt from Lead Paint Mandate

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