When a tax-exempt property's use by a lessee involves an element of private profit. Is the tax-exempt status lost?
June 01, 2018Janice G. Inman
When entering into or acquiring leases for locations, a retail or restaurant business must consider broader business concerns in negotiating the leases' assignment provisions. Those provisions can inadvertently create major obstacles in the ultimate conveyance or financing of the business.
June 01, 2018Terrence M. DunnSets Standard that Potentially Relieves Municipalities from Liability for Denying Religious Uses
The broad and somewhat vague definition of religious exercise in The Religious Land Use and Institutionalized Persons Act (RLUIPA) has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise.
June 01, 2018Steven M. SilverbergMerger Defeats Single and Separate Ownership Claim
Failure to Refer to County Planning Board Invalidates Grant of Area Variance
Denial of Natural Resources Special Permit Upheld
Village Ratifies Extension of Lease to Cell Phone ProviderJune 01, 2018ssalkinInterest on Loan Tolled When Mortgagee Delayed In Filing Request for Judicial Intervention
Court Dismisses Tortious Interference Claim By Holder of First Refusal
Easement Enforceable Despite City Register's Failure to Index the Easement Against Newly Created LotJune 01, 2018ssalkinLiquidated Damages Provision Not an Unenforceable Penalty
Occupant Established Succession Right Despite Absence of Sexual or Blood Relationship
Rent Stabilization Provision Lost When Tenant Executed Lease In Corporate Name
Predecessor Landlord Waived Prohibition on Subleases and AssignmentsJune 01, 2018ssalkinThe Appellate Division, Second Department, recently decided Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature, an important case that pitted the interests of farmers and conservationists against a local advocacy group focused on open space and water quality.
May 01, 2018Lisa Clare KombrinkBroker Agreed to Commission Based on Rent for First Five Years of Lease
Statements in Earlier Action Did Not Accelerate Mortgage and Trigger Statute of Limitations
Death Does Not Extend Foreclosure Limitations Period
Neighbor Granted Statutory Licence to Paint Fence
Record Did Not Establish Conveyance of Easement
Co-Tenant Entitled to PartitionMay 01, 2018ssalkinTown Entitled To Injunctive Relief for Violation of Certificate of Occupancy
May 01, 2018ssalkin
