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Columns & Departments

Development Image

Development

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Negative Declaration/Time Bar<br>No Estoppel Against Village<br>Denial of Area Variance

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

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Prior Judgment Does Not Bar Breach Claim<br>Accommodation of Disabilities

Columns & Departments

Cooperatives and Condominiums Image

Cooperatives and Condominiums

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Right to Rooftop Space

Features

Management Fees: Make Sure Your Lease Is Clear Image

Management Fees: Make Sure Your Lease Is Clear

Missy McCoy

There is no uniform approach relating to management fee provisions in leases, and courts will recognize inequities in the charging and payment of management fees when lease terms are ambiguous or a landlord or tenant fails to comply with the terms of its lease.

Features

First Department Construes Open Space Requirement Image

First Department Construes Open Space Requirement

Stewart E. Sterk

In Peyton v. New York City Board of Standards and Appeals, the First Department faced a difficult question: when a zoning lot includes more than one building, can open space accessible to residents of one building, but not to residents of the other buildings, count as open space within the meaning of the New York City Zoning Resolution?

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

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Tenant's Contractor Has Lien Against Landlord's Interest<br>Stipulation of Settlement Between Landlord and Tenant Did Not Release Guarantor<br>Landlord Bound By Rent Mistakenly Set By Temporary Receiver

Columns & Departments

Real Property Law Image

Real Property Law

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Lot Owner Lacks Standing to Compel Payment of Assessments<br>No Foreclosure Jurisdiction Over Deceased Owners<br>Questions of Fact Preclude Summary Judgment on Claims of Easement By Necessity and Prescription

Columns & Departments

Development Image

Development

ssalkin

Zoning Board Bound By Prior Determination<br>Planning Board Had Rational Basis to Require Church to Record an Easement<br>Special Permit Denial Overturned<br>Restrictive Zoning Ordinance Sustained Against Multiple Challenges

Features

Common-Area Risk Abatement: Who is Responsible? Image

Common-Area Risk Abatement: Who is Responsible?

Janice G. Inman

When customers, employees and others invited to or simply passing by a leased commercial property are injured, and want compensation, who will be on the hook for the costs of bodily injury and property damage — the landlord, the tenant, the maintenance and security contractor hired by them, or some combination of these?

Features

Commercial Rent Control in New York: Back Again? Image

Commercial Rent Control in New York: Back Again?

David B. Saxe & Brett Dockwell

As retail vacancies have multiplied in New York City in recent years, some in the City Council have advocated for the reconsideration of commercial rent control, as set out in a proposed piece of legislation, the Small Business Jobs Survival Act This article provides a brief, nontechnical review of the bill and the legal and practical hurdles it faces if enacted.

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