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Landlord Tenant Law

  • When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?

    January 01, 2022Stewart E. Sterk
  • Nonpayment Proceeding Not Available for Use and Occupancy Questions of Fact About Whether Landlord Accepted Surrender Improper Withholding of Consent Does Not Excuse Guarantor Loft Board's Rejection of Abandonment Petition Upheld

    January 01, 2022NYRE Staff
  • The law firm office cannot remain unchanged, therefore, as if frozen in time set to some date prior to the onset of pandemic, when all the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.

    January 01, 2022Anthony Davies
  • Town Law Does Not Require Public Hearing On Site Plan Approval

    January 01, 2022NYRE Staff
  • 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

    December 01, 2021ssalkin
  • Refusal to Approve Summer Camp Triggers RLUIPA Site Plan Denial Upheld

    December 01, 2021NYRE 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

    December 01, 2021NYRE Staff
  • 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.

    December 01, 2021Peter E. Fisch and Salvatore Gogliormella
  • State May Recover Part of Advance Payment from Condemnee

    November 01, 2021NYRE Staff