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Columns & Departments
Liquidated Damages Provision Not Disproportionate to Probable Loss
Features
In Peconic Land Trust, Inc. v Salvatore, the Second Department affirmed the Motion Court’s grant of summary judgment upholding the notice provisions in a conservation easement and held that the landowner’s failure to notify the land trust before they cut down trees that were protected by that conservation easement was a material violation of the easement. The Second Department affirmed Justice Pastoressa’s decision and held that the land trust was entitled to judgment “compelling the restoration of the [protected] property to the condition that existed prior to such violation.”
Columns & Departments
Denial of Variances and Special Permit Upheld
Features
As part of its work on the major budget and tax bill, the Senate has introduced a measure that would offer “permanent renewal and enhancement of opportunity zones.”
Columns & Departments
Evidence Establishes Intent to Create Joint Tenancy
Columns & Departments
Reliance Not Necessary to Establish Fraud Exception to Four-Year Lookback PeriodGuaranty Survives Lease Modification
Features
As law firm employees continue to spend far less time at the office than they did before the onset of the COVID-19 pandemic, firms are responding both by reducing unused office space to save on overhead while concurrently expanding the amount of space dedicated to collaborative work.
Features
There are many hidden and opaque tenets in management, business models, operations, and financial structures that have inherent value within a CRE company. Managers of CRE firms must know of or at least be cognizant of these values to exploit them and further enhance the worth of their real estate assets and business.
Columns & Departments
Easement By Prescription Claim Upheld; Easement By Necessity Claim DismissedEasement By Necessity to Obtain Access to Crawl SpaceImplied Easement Based on Pre-Existing UseConstructive Trust Over Half Interest In PropertyAdverse Possession of Beachfront Land
Features
The U.S. Court of Appeals for the Ninth Circuit on June 23 revived a competitor’s antitrust counterclaims against rival real estate data provider CoStar Group Inc.