Terrence M. Dunn
What Tenants and Landlords Should Know
There are differences between assignments of leases and collateral assignments of leases, and each has aspects that parties to these agreements should expect and look out for. Let’s discuss some of these issues.
John R. Low-Beer
The ‘Dreikausesn’ Paradox, Other Hurdles, and Suggestions for Change
Under current New York law, even the most meritorious legal challenge to property development faces insurmountable barriers once construction starts, because absent the most egregious wrongdoing, the courts will not order demolition of completed buildings, and current law makes it virtually impossible to obtain a preliminary injunction to halt construction.
It’s Not the Money Spent, It’s the Level of Conformance
Carol A. Sigmond
New York City, particularly gentrifying areas of Brooklyn, Harlem, and Washington Heights, are seeing an upsurge of deed theft. Attorneys, architects, title companies, real estate brokers, agents, contractors, developers and construction managers need to be alert to this potential issue when blocks of properties are assembled for development in these neighborhoods.
Landlord’s Relet Does Not Relieve Breaching Tenant from Liability for Rent
Breaching Landlord Liable for Tenant’s Expenses In Preparing Leased Space
Apartments Withdrawn from Mitchell-Lama Not Rent-Stabilized
Default Formula Does Not Constitute Penalty, and Does Not Preclude Class Certification
Ambiguous Time of the Essence Notice Held Ineffective
Attorney Review Provision Permitted Cancellation of Contract
Mortgagee Entitled to Cancellatino of Erroneously Recorded Satisfaction
Co-Tenant Not Entitled to Appointment of Receiver
Fair Housing Act Claim Against Condominium Board Dismissed
Co-Op Unit Owner Entitled to Emotional Support Dog
In Kuzmich et al. v 50 Murray Street Acquisition LLC, the Court of Appeals held that apartments in buildings receiving tax benefits under Real Property Tax Law (RPTL §421-g) are not eligible for luxury deregulation under the Rent Stabilization Law (RSL), unlike most other rent-stabilized apartments.
The Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.
Former Owners Not Entitled to Surplus from Tax Foreclosure Sale,br> Joint Tenants Need Not Own Equal Interests
Fraud Action Not Premature Merely Because Truth of Representations Are the Subject of Pending Proceedings
Transferee from Incapacitated Person’s Attorney-In-Fact Not A Bona Fide Purchaser