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Columns & Departments

Real Property Law Image

Real Property Law

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Deed from One of Several Heirs Void Ab Initio Fine Imposed By Association Invalid When Bylaw Amendment Was Not Incorporated Into Declaration Seller Entitled to Retain Down Payment Because Purchaser Never Set a Closing Date Former Owner Relinquished Rights to Oil and Gas Lease

Columns & Departments

Development Image

Development

NYRE Staff

Refusal to Approve Summer Camp Triggers RLUIPA Site Plan Denial Upheld

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Tenant Not Entitled to Treble Damages Because Overcharge Was Not Willful Warranty of Habitability Claim Reinstated Tenant Who Never Occupied Premises Cannot Raise Habitability Claim Landlord May Not Recover Use and Occupancy for Failure to Restore Premises

Features

Pros and Cons of Master Leases Image

Pros and Cons of Master Leases

Peter E. Fisch & Salvatore Gogliormella

Section 365 of the Bankruptcy Code grants debtors the ability to assume or reject any executory contract or unexpired lease. Debtors must assume or reject a lease in its entirety and are not free under Section 365 to assume only favorable provisions of a lease. Courts, however, have consistently held that they will not find a multi-property master lease to be a unitary lease merely because such properties are demised in a single document.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

State May Recover Part of Advance Payment from Condemnee

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Co-Op Entitled to Use and Occupancy Pendent Lite

Features

New York Cannabis Law's Lease Mandate Catch-22 Image

New York Cannabis Law's Lease Mandate Catch-22

Marjorie J. Peerce, Michael P. Robotti & Kamera Boyd

New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.

Features

COVID-19 and Lease Negotiations: Tenant Security Image

COVID-19 and Lease Negotiations: Tenant Security

Ann E. Ryan & Adrienne B. Koch

The pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security — guaranties and cash security deposits. This article examines the impact of the pandemic on each of those types of security and offers some suggestions for landlords going forward.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Absent Express Language, Restrictive Covenant Does Not Run With the Land Mortgagee Not Entitled to Expungement of Satisfaction Junior Mortgagee Entitled to Rely on Erroneously Recorded Satisfaction of Senior Mortgage Easement Holders Entitled tTo Pave Easement to Improve Access Federal Government Not Liable for Erosion Damages Caused By Alleged Failure to Maintain Jetties Representations and Warranties Survive Closing

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Disability Discrimination Claim Dismissed As Moot

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