Features

Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement
In an action to recover a brokerage commission, the Appellate Division affirmed a broker's appeal of denial of its summary judgment motion, holding that questions of fact remained about seller's liability for a commission after expiration of the brokerage agreement.
Columns & Departments
Landlord & Tenant Law
Prior Landlord's Purchaser of Loft Tenant's Improvements Exempted Unit from Rent Regulation Notice of Termination Did Not Meet Federal Standards Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment Tenant Entitled to Preliminary Injunction Against Use of Video Cameras In Interior of Premises
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Development
Neighbors Have Standing to Challenge Use Variance for Operation of Concrete Manufacturing Plant
Features

7 Post-Pandemic Commercial Property Tax Tips
As post-pandemic market values fluctuate due to higher prices, property owners need to adopt strategies to keep their assessed property values down. As we emerge from COVID-19 here are seven key considerations to minimize property tax assessments even as prices increase.
Features

Drafter Not Bound By Its Own Deed Modification
When the city, as a seller of real estate, attaches a document to the deed at closing, but the deed does not refer to that document, may the buyer introduce evidence to establish that the document was intended to clarify the deed description?
Columns & Departments
Co-ops and Condominiums
Sponsor's Obligation to Conform to Building Code Not Waiveable Allocation of Boat Slips Protected By Business Judgment Rule Co-Op's Ejectment Action Dismissed
Columns & Departments
Real Property Law
Statute of Limitations Bars Foreclosure When Mortgagee Was Not Mortgagee In Possession Statute of Limitations Bars Easement Claim Estate Lacked Standing to Challenge Deed on Which Former Partner's Name Was Forged Partition Action Dismissed for Failure to Prove Cotenancy Interest
Columns & Departments
Landlord & Tenant Law
Hearing Necessary to Determine Reasonableness of Pet Accommodation Whether Sales Counter Constituted Trade Fixture Is a Question of Fact Four-Year Lookback Rule Inapplicable When Issue Is Whether Apartment Is Regulated
Columns & Departments
Development
Rental Permit Law Did Not Constitute Unconstitutional Search or Seizure Challenge to Building Permit Denial Dismissed for Failure to Exhaust Administrative Remedies
Features

Fifth Circuit Ruling Gives Commercial Lessees Likely Protection In Bankruptcy Court Free and Clear Asset Sales
The Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor's lessees.
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