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Landlord Tenant Law

  • The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission (LPC) to designate interior landmarks as well as exterior landmarks. An interior site is eligible for designation only if the public has access to the site, but once the LPC has designated the interior landmark, can the LPC authorize its owner to close the landmark to public access?

    June 01, 2019Stewart E. Sterk
  • When negotiating permitted-use clauses under retail leases, landlords attempt to achieve the most comprehensive limitations possible so as to avoid conflicts with other tenants' leases and violations of exclusive-use clauses that are maintained by other tenants in the retail facility. Tenants, however, should be very careful to incorporate a certain degree of flexibility and adaptability into their leases' permitted-use clauses to take into account an evolving landscape.

    June 01, 2019Glenn A. Browne
  • City Not Estopped from Preventing Construction of Building Despite Longstanding Interpretation of Zoning Resolution

    June 01, 2019ssalkin
  • Broker Breaches Fiduciary Duty By Making Offer That Competes With Client
    Amendment to Association Bylaws Not Effective Until They Are Recorded
    Seller Entitled to Cancel Contract When It Could Not Clear Title
    Buyer's Waiver of Defects In Title Preclude Cancellation By Seller
    Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues
    Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner
    Easement By Prescription Established

    June 01, 2019ssalkin
  • The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.

    June 01, 2019Janice G. Inman
  • Opportunity zones are the latest big thing to hit the commercial real estate market, but many questions remain, including details of how deals can be structured, the best strategy for investing and just how much property there is in the zones.

    June 01, 2019Paul Fiorilla
  • Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied

    June 01, 2019ssalkin
  • Industrial Development Agency's Determination Rationally Related to Stated Public Purpose
    Industrial Development Agency Did Not Have Authority to Condemn Land Already Used for a Public Purpose

    June 01, 2019ssalkin
  • Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.

    May 30, 2019Terrence M. Dunn
  • Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.

    May 01, 2019Terrence M. Dunn