Landlord Tenant Law

Selective Enforcement Claim Against City Officials DismissedQuestions of Fact Remain on Religious Corporation’s Tax Exemption ClaimBSA’s Interpretation of “Open Area At Curb Level” UpheldArea Variance Annulled for Error of LawIndustrial Development Act Authorizes Financial Assistance to Senior Housing ProjectVariance Denials Preventing Subdivision UpheldDenial of Building Permit for Fence UpheldNeighbors’ Challenge to Certificate of Occupancy Succeeds Because Board Made Error of Law

Given the headwinds in the retail sector generally, investors in net lease retail portfolios may want to confirm that any master lease structures they utilize will be treated as unitary contracts by bankruptcy courts for purposes of assumption or rejection of the debtor/tenant’s obligations.

This article focuses on negotiating terms in a commercial real estate purchase and sale contract (the contract) regarding covenants between contract signing and closing, and focuses on negotiating the allocation of closing costs.

Misindexing of Deed Justifies Vacating Default By Former Owner In Action By Tax Sale PurchaserNuisance Claim Reinstated Against Neighbor Whose Ventilation Pipes Emitted Exhaust FumesPrivate Nuisance Claim Can Be Maintained Even When Number of Affected Owners Is Large

EV charging centers are likely to become a common fixture along heavily trafficked regional routes as more drivers opt for EVs. Municipalities, especially those along designated Alternative Fuel Corridors, would benefit from proactively updating their zoning ordinances to address this new type of facility.

Guarantor’s Counterclaims DismissedLandlord Cannot Bring Summary Possession Proceeding Against Estate Until Representative Has Been Appointed

Letter Agreement Between Landlord and Tenant Did Not Extinguish GuarantyTreble Damage Award Upheld; Landlord Failed to Establish Overcharge Was Not WillfulDenying Access to Landlord Constituted Breach Entitling Landlord to PossessionTenant Entitled to Yellowstone Injunction With Respect to Taxes and Sewer Charges

In the case of Hudson View Park Company v. Town of Fishkill, the New York Court of Appeals concluded that a Memorandum of Understanding (MOU) entered into between Plaintiff and the Fishkill Town Board in 2017, regarding the review of a certain zoning proposal, was not binding upon a Town Board subsequently elected in 2019.