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Columns & Departments
Triable Issue of Fact About Association Liability for Flooding<br>Unit Owner's Representations Cannot Be Used to Contradict Express Terms of Proprietary Lease
Features
<b><i>Is This The End of the 'Yellowstone' Doctrine?</b></i><p>Recently, New York's Appellate Division, Second Department, acknowledged that commercial landlords may employ a strategy that prevents tenants from exercising Yellowstone rights, which enjoin the landlord from terminating the lease or commencing a summary proceeding.
Columns & Departments
Slip-and-Fall Victim Cannot Recover from Landlord or Tenant
Features
One of the key requirements of a lease, from a landlord's viewpoint, is that it ensures the landlord has the ability to access a tenant's space. When preparing a lease for a landlord, consider including the following items to make sure that the landlord is permitted access to all spaces on the premises at all appropriate times.
Features
Tenants end up signing leases that offer little to no flexibility as their businesses expand and contract, setting the stage for economic and operational stress that could have been avoided with upfront planning and prudent lease negotiations.
Features
Four years ago, we explored whether a commercial tenant could waive its common law right to seek a <i>Yellowstone</i> Injunction. At that time, there was no appellate authority directly on point. This all changed on Jan. 31, 2018, when the Appellate Division, Second Department ruled in <i>159 MP Corp., v Redbridge Bedford, LLC</i> that the “commercial tenants' voluntary and limited waiver of declaratory judgment remedies in their written lease is valid and enforceable, and not violative of New York's public policy …”
Columns & Departments
No Tacking of Adverse Possession Claims<br>Issues of Fact Preclude Injunction Requiring Removal of Encroachments<br>Statute of Limitations Bars Foreclosure Claim<br>Permission Bars Prescriptive Easement Claim
Features
While the court will not have the opportunity to rule on the merits of the case, the facts relied upon by the Indiana Superior Court and the conclusions reached in rendering its decision are still instructive for practitioners drafting continuous-use provisions and advising clients on potential breaches or anticipatory breaches of such provisions.
Features
What powers does the New York City Landmarks Preservation Commission have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, New York's Appellate Division, First Department, held that the Commission had power to require maintenance of the clock, and to require public access to it.
Columns & Departments
Questions of Fact Bar Summary Judgment in Condominium's Claim for Improper Alterations<br>Sponsor Did Not Breach Purchase Contract<br>Unit Owners Did Not Have Exclusive Right to Elevator Shaft