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Columns & Departments
Ownership of Shifting Beaches<br>Brokerage Commission Provision Expired<br>Adverse Possession/Tennis Court<br>Deed Obtained by False Pretenses
Columns & Departments
Negative Declaration/Time Bar<br>No Estoppel Against Village<br>Denial of Area Variance
Columns & Departments
Prior Judgment Does Not Bar Breach Claim<br>Accommodation of Disabilities
Features
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
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
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
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
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
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?