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In a dispute over West Side development, the First Department handed a victory to developers seeking to build a 39-story building on the block between West 65th and West 66th Street, and Columbus Avenue and Central Park West. (City Club of New York v. New York City Board of Standards and Appeals, 202 WL 3083700). Together with the First Department’s previous decision in favor of the developer in the 200 Amsterdam Avenue case (see, Paul D. Selver and James P. Power, “Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building” in this newsletter’s LJN sibling New York Real Estate Law Reporter, May 2021), the City Club case highlights the extreme deference appellate courts accord Board of Standards and Appeals (BSA) determinations interpreting New York City’s extraordinarily complex zoning scheme.
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By Ann E. Ryan and Adrienne B. Koch
During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant’s space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.
By Erik Sherman
Disaster — a seemingly closed economy, crashed supply chains, tight labor availability, and many millions out of work — turned into rising values, some hot sectors, and rising rents and increased stability by 2021. Stepping into 2022 should be a good deal less jarring. And yet, there might be changes and surprises. Here’s what experts see as coming up.
By Stewart E. Sterk
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
By Anthony Davies
The law firm office cannot remain unchanged, therefore, as if frozen in time set to some date prior to the onset of pandemic, when all the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.