Landlord Tenant Law

Town Cannot Hold Back Building Permits as Financial Security
Parkland Alienation Doctrine Does Not Preclude Dock on Open Space Easement
Landowner Failed to Exhaust Administrative Remedies

No Duty to Maintain Bulkhead
Self-Conveyance Did Not Sever Joint Tenancy
Promissory Estoppel Not Available to Avoid Statute of Frauds
Presumption of Hostility Sustains Prescriptive Easement Claim

Loft Tenant Subject to Rent Stabilization
Video Surveillance a Substitute for Part-Time Lobby Attendants

Navigating through a murky arbitration clause is no easy feat. Assuming familiarity with the basics, the following is a list of considerations that should prove valuable whether representing the tenant or the landlord.

Part One of a Two-Part Article

This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.

Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass
Resulting Trust Found Where Commercial Property Held in Just One Partner's Name

In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.

Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim
Questions of Fact Remain About Violation of Covenant Requiring Use As a Catholic High School
Mortgagor's Letter Seeking Short Sale Did Not Reset Statute of Limitations on Mortgage
Failure to Construct Facility Triggers Reverter Provision in Deed
Questions of Fact About Whether Buyers Had Made Time of the Essence
No Equitable Mortgage When Statute of Limitations Bars Written Mortgage
Cotenant Entitled to Partition with Accounting