Follow Us
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
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? Most SEQRA cases involve attacks on an agency’s compliance with SEQRA procedures, but in Mutual Aid Association v. City of Yonkers, NYLJ 11/15/21, p. 21, the Second Department faced a challenge to the municipality’s follow through long after the SEQRA review was completed. Because the court resolved the case by concluding that the municipality had not, in fact, imposed a requirement on the developer, the court avoided the more basic question: can a municipality or other lead agency impose a requirement and then decide not to enforce it.
Continue reading by getting
started with a subscription.
Sui Generis: Negotiate Like You Mean It
By Lydia Pilch
As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two of this series addresses various negotiation events, strategies, desired outcomes and potentially low key disasters.
New York’s Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of New York's 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.
Don’t Get Caught Holding a Conditional Loan Approval at Closing
By Matthew Kramer
With rising interest rates and more stringent lending standards for both residential and commercial properties, security deposit disputes caused by buyers’ inability to satisfy pre-closing purchase-financing conditions are also increasing.
New York’s Seldom Used Expedited Money Judgment Mechanism: CPLR 3213
By Massimo F. D’Angelo and Gregory Wong
In New York state and local court cases, there is a seldom-used procedural mechanism for obtaining an expedited money judgment against a guarantor. This article provides an overview of CPLR 3213 motions, an update on the resolution of the split that previously existed between the New York State Supreme Court, Appellate Division, First and Second Departments, and practical guidance for transactional counsel drafting commercial leases and guaranties.
Copyright © ALM Global, LLC. All Rights Reserved.
