Sand Mine Enjoys Nonconforming Use Protection Contract Vendee Entitled to Use Variance Despite Knowledge of Ordinance's Provisions
May 01, 2023NYRE Staff
Strict Liability for Excavation Damage Easement Was Non-Exclusive Purchaser's Claims Barred By Merger Doctrine, Caveat Emptor Purchaser's Claim Based on Inoperative Elevator Dismissed In the Absence of Active Concealment Deed Forgery Claim Survives Motion to Dismiss
May 01, 2023NYRE StaffWrongful Eviction Claim Raises Questions of Fact Yellowstone Injunction Cure Period
May 01, 2023NYRE StaffLarger commercial real estate mortgage loans are often originated by a group or "syndicate" of lending institutions that each contribute a portion of the overall loan proceeds and share the benefits and risks. This article describes several significant features of a "syndicated" real estate loan that are not commonly known or understood.
May 01, 2023Richard S. Fries and Darby K. BrownLitigation frequently involves an attempt by one party to enforce the terms of the buyout provision through specific performance. But that remedy may be less readily available than the parties might assume. This article explores the reasons why, and suggests some drafting considerations.
May 01, 2023Adrienne B. KochThe court affirmed a lower court's decision granting the landlords' motion for summary judgment, after determining the applicable force majeure provisions and common law doctrines the tenants relied on didn't excuse payment obligations.
May 01, 2023Riley BrennanWhen it comes to commercial real estate companies and hybrid work, there are those that swear one way or the other, and probably a lot more scratching their heads, trying to understand what will work best.
May 01, 2023Erik ShermanIn April of 2020, the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, a new final rule was recently published. The changes are scheduled to take effect this year. The definition is significant for a multitude of land uses, as it places limitations on activities that may be conducted within and adjacent to such waters or, in some instances, requires the issuance of permits before certain activities may be conducted.
April 01, 2023Steven M. SilverbergHSTPA Does Not Violate Taking or Due Process Clauses Landlord Liable for Bite By Tenant's Dog Tenant Not Liable As Holdover Absent Offer and Acceptance of Rent Payments Issues of Fact Preclude Summary Judgment on Habitability Claim
April 01, 2023ssalkinInjunctive Relief Denied In Action to Enforce Restrictive Covenant Neighbor Lacked Standing to Enforce Restrictive Covenant Easement Holder Entitled to Preliminary Injunction Disposition to Husband and Wife Creates Tenancy By the Entirety Tax Sale Notice Satisfied Statutory and Constitutional Requirements
April 01, 2023NYRE Staff
