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.
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 Save America's Clocks, Inc. v. City of New York, 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.
Questions of Fact Bar Summary Judgment in Condominium's Claim for Improper Alterations
Sponsor Did Not Breach Purchase Contract
Unit Owners Did Not Have Exclusive Right to Elevator Shaft
Denial of Remaining Family Member Status Upheld
Occupant Entitled to Succession Rights to Stabilized Apartment Even If Named Tenant Continued to Sign Leases After Moving Out
Tenant Entitled to Succession Rights to Rent-Controlled Apartment
Landlord Did Not Establish Use of Apartment to Facilitate Drug Trading
421-G Buildings Subject to Luxury Deregulation
Incarcerated Son Note Entitled to Succession Rights
Suit in Second Jurisdiction Is Duplicative
Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud
What powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In Save America's Clocks, Inc. v. City of New York, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it.
Town Board Failed to Take 'Hard Look' at Amendment
Jurisdictional Determination from Army Corps
Developer Failed to Allege Concrete Injury
Failure to Disclose Gas Tanks Does Not Constitute Contract Breach
Divestiture Agreement
Unrecorded Mortgage
CEMA Suffices
A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.
