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Landlord Tenant Law

  • LPC's Denial of Hardship Application Upheld
    Developer's Failure to Obtain Final Decision Deprives Federal Court of Subject Matter Jurisdiction
    Spot Zoning and SEQRA Challenges Rejected

    August 01, 2018ssalkin
  • Purchaser Adequately Alleged Concealment of Defects
    Space Allocation Cannot Be Changed Without Unanimous Vote; Unjust Enrichment Claim Survives

    August 01, 2018ssalkin
  • No Easement CreatedGrant Created Valid and Alienable Possibility of Reverter
    Contract Vendee Entitled to Specific Performance
    Questions of Fact About Scope of Mortgage

    August 01, 2018ssalkin
  • In a case of first impression, and after it decided public policy would not be offended, New York's Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a Yellowstone injunction in 159 MP Corp. v. Redbridge Bedford,

    August 01, 2018Janice G. Inman
  • Part Two of a Two-Part Article

    Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).

    August 01, 2018Peter M. Fass
  • One of the significant updates to the law is that now, a tenant at an industrial or manufacturing site can, under appropriate circumstances, claim the “bona fide prospective purchaser” defense to Superfund liability and escape strict, joint, and several owner/operator liabilities when leasing previously-contaminated property.

    August 01, 2018Nicole TK Moore
  • Lease Assignee Can Make Claim that Appears to Concern Only Property's Owners

    August 01, 2018ljnstaff
  • One critical component to the successful evolution of a shopping center is creating a stronger connection with community through attractions, events and promotions that bring a fresh vibrancy to the centers. These specialty relationships and other short-term relationships are generally memorialized in a license agreement rather than a traditional lease.

    July 01, 2018Kelly D. Stohs and David P. Vallas
  • Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance?

    July 01, 2018Stewart E. Sterk
  • Part One of a Two-Part Article

    The Tax Act is the most sweeping change to the U.S. federal income tax laws since 1986. This and future articles discuss the individual tax and business tax provisions that affect real estate investment and investors in real estate.

    July 01, 2018Peter M. Fass