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Features

Covenants That Run with the Land Can Be Waived Image

Covenants That Run with the Land Can Be Waived

Jeffrey Turkel

Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

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No Consequential Damages When State Takes Neighbor's Land

Columns & Departments

Development Image

Development

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Nonconforming Use Not Discontinued<br>Developer's Rico, Estoppel, and Equal Protection Claims Dismissed<br>Denial of Area Variance Overturned

Columns & Departments

Real Property Law Image

Real Property Law

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Affirmative Covenant Enforceable Against Successor Developer<br>Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

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Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed<br>Failure of Consideration a Defense In Action Against Tenant's Guarantor

Columns & Departments

Cooperatives and Condominiums Image

Cooperatives and Condominiums

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Sponsors Not Entitled to Indemnification for Faulty Construction

Features

Commercial Lease Terms: More Issues to Cover Image

Commercial Lease Terms: More Issues to Cover

Alan Nochumson

<b><i>Part Two of a Two-Part Article</b></i></p><br>Last month we began discussion of several topics of interest to tenants and landlords as they negotiate leases for commercial space. We continue here with more items that should not be overlooked by either party to a commercial lease during its formulation.

Features

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes Image

Risks of “Baseball Arbitration” in Resolving Real Estate Disputes

Gerald M. Levy

“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.

Features

A Clash Between 'Free and Clear' and Tenants' Rights Under Bankruptcy Code Section 365(h) Image

A Clash Between 'Free and Clear' and Tenants' Rights Under Bankruptcy Code Section 365(h)

Albena Petrakov

With the recent carnage in the retail industry, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection. A recent case that brings balance is <i>Revel AC Inc. v. IDEA Boardwalk, LLC</i>.

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Case Notes Image

Case Notes

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Contractual Allocation of Damage Risk Thwarts Insurer's Subrogation Claim<br>Lacking Specifics, Lease Term Is Unenforceable

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