Columns & Departments
Case Notes
A New York court has found that a landlord did not commit fraud when it failed to disclose to its prospective tenant that a long-term municipal improvement construction project was about to commence near the leased premises.
Columns & Departments
Real Property Law
Detailed discussion involving two rulings of importance.
Features
Release of Pineland Development Restrictions Invalidated
Once Suffolk County pays a landowner to acquire Pineland Development Rights, can the county give some of those rights back to the landowner, without even requiring the landowner to pay for them?
Columns & Departments
Cooperatives & Condominiums
Questions of Fact Preclude Summary Judgment in Co-op Shareholder's Water Damages Action
Columns & Departments
Development
Lease to Pier 55 Complied With SEQRA
Columns & Departments
Real Property Law
No Statute of Limitations Applies to Forgery Claim<br>Mortgage Reformed for Mutual Mistake<br>Error in Setting Upset Price Does Not Provide Adequate Basis for Setting Aside Foreclosure Sale<br>Laches Bars Claim for Reformation of Mortgage<br>Questions of Fact Preclude Summary Judgment in Assertion of Forgery<br>Grantor's Action to Set Aside His Own Quitclaim Deed<br>No Summary Judgment in Dispute Between Cotenants<br>Homeowners Association Properly Exercised First Refusal Right
Features
Additional-Rent Reconciliation
Issues can arise in the context of additional rent reconciliations that occur pursuant to the provisions of a commercial lease. We examine herein specific concerns from both landlord and tenant perspectives relating to over- and under-payments of rent, improper charges, supporting documentation and auditing procedures, as well as potential bars to claiming recoveries.<p><b><i>Part One of a Two-Part Article</b></i>
Features
Food Courts and Their Leasing Issues
Although the concept has been very successful in the retail industry, a collection of tenants serving food and beverages in one location presents several issues and problems for both landlords and tenants. Those issues suggest certain aspects of food-court tenancy that should be discussed and addressed during lease negotiations, so that both landlords and tenants end up receiving what they expect to receive from the food court experience.
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