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In Committee for Environmentally Sound Development ("CESD") v. Amsterdam Ave. Redevelopment Associates LLC, 2021 NY Slip Op 01228 (1st Dept. Mar. 2, 2021), the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.
The case involved the interpretation of the New York City Zoning Resolution's definition of "zoning lot," the unit of land used to determine the zoning compliance of all proposed construction work in the City. At issue was whether a zoning lot formed in one of the four ways permitted by the zoning lot definition could consist only of whole tax lots or could include one or more partial tax lots. The specific text, which had been adopted as part of the 1977 amendments to the "zoning lot" definition, provides that a zoning lot may consist of:
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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.
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Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."