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 StaffThe 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 DaviesThe Southern District of New York, as part of an unresolved 14-year saga in the Village of Pomona, New York, found that the Plaintiffs, who are seeking to construct a Rabbinical College, had brought an action against the Village that is not ripe for adjudication.
December 01, 2021Steven M. SilverbergDeed 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, 2021ssalkinRefusal to Approve Summer Camp Triggers RLUIPA Site Plan Denial Upheld
December 01, 2021NYRE StaffTenant 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 StaffSection 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 GogliormellaState May Recover Part of Advance Payment from Condemnee
November 01, 2021NYRE Staff





