Landlord Tenant Law

Contract Satisfies Statute of Frauds
Contract Vendee Failed to Perform
Questions of Fact Preclude Dismissal of Constructive Trust Claim
Questions of Fact About Scope of Mortgage

Bifurcation Is Not the Answer
Zoning Board's Variance Not Extinguished Despite Lack of Standing
Delay Tactics Cost Tenant $24 Million

When a tax-exempt property's use by a lessee involves an element of private profit. Is the tax-exempt status lost?

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.

Sets 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.

She's Not a Third-Party Beneficiary

Merger 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 Provider

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