Landlord Tenant Law

How to Handle the Right of First Refusal of a Single Parcel in a Multiple-Parcel Package Deal

It is best for all parties to avoid litigation by clearly addressing the possibility of a transfer of more than just the property that is the subject of the right when that property is part of a larger parcel, or could be part of a package deal.

Why the holder of a prior mortgage was not entitled to surplus funds.

Discussion of four key cases.

In-depth analysis of four pivotal rulings, including one in which a landlord whohad received a tax abatement was not eligible for luxury deregulation.

Analysis of two major rulings.

In September 2016, a national title company invoked the Perishable Agricultural Commodities Act (PACA) when it raised an exception on a title commitment for the sale of real property upon which a grocery store was a tenant. The title company asked the owner to execute an affidavit and indemnity in the title company's favor with regard to any PACA liens incurred by the tenant. This new exception has elicited a fair amount of confusion as to why an 86-year-old statute would suddenly present a cloud on title.

Recently, the Second Department faced three claims of equitable subrogation over a two-week period and in two of those cases, indicated that the doctrine would not be applicable if the junior mortgagee advanced funds to satisfy a senior mortgage with knowledge of an interest whose priority was inferior to that senior mortgage.

Analysis of key Zoning Board of Appeals decisions.