Interest 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 Lot
Liquidated 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 Assignments
The 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.
Broker 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 Partition
Town Entitled To Injunctive Relief for Violation of Certificate of Occupancy
Bankruptcy is a fact of life in the United States. When it happens, the treatment of a lease as either residential or non-residential may be crucial to all parties -- landlords, tenants, subtenants and their counselors.
In a recent decision, Bankruptcy Judge Christopher S. Sontchi addressed the question of whether a Chapter 11 debtor, the tenant under a commercial lease, could exercise an option to renew the lease during the bankruptcy proceedings, even though the debtor was in default under the lease and the lease specified that it could not be renewed if defaults existed at the time the option was exercised.
Guarantor May Not Interpose Wrongful Eviction Defense
Landlord Bound by Renewal Lease Signed After Judgment of Possession
Notice of Nonrewnal Sufficient to Withstand Jurisdictional Challenge
Incarcerated Son Not Entitled to Succession Rights
Occupant Did Not Establish Succession Rights
Court Dismisses Tortious Interference Claim By Holder of First Refusal Right
Triable Issue of Fact About Association Liability for Flooding
Unit Owner's Representations Cannot Be Used to Contradict Express Terms of Proprietary Lease
Is This The End of the 'Yellowstone' Doctrine?
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.
