Features

The Southern District of New York affirmed a bankruptcy court's holding that the statutory cap on a landlord's damage claim "applies to [its] claim against a [Chapter 11] debtor-guarantor."

Columns & Departments

Damage Limitation Does Not Require Dismissal of Buyer's Claim When Buyer Alleges Bad Faith Easement Not Extinguished By Adverse Possession Neighbor Required to Provide License for Construction Entitled to Full Indemnity Against Claims

Features

In April, the United States Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies.

Columns & Departments

Landlord Did Not Accept Tenant Surrender Questions of Fact About Constructive Eviction Housing Discrimination Claim Survives Summary Judgment Motion Deregulation Claim Not Barred By Four-Year Rule

Features

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Columns & Departments

Unit Owner's Claim Against Condo Board for Inaction Survives Summary Judgment Motion

Columns & Departments

Constitutionality of Boarding House Definition Town's Use of Escrow Funds Upheld Planning Board Failed to Consider Public Safety Issue Denial of Special Permit Upheld Due to Traffic Concerns Questions of Fact About Whether Agreement Included Acquisition of Air Rights Zoning Amendment Not Arbitrary Even If It Would Authorize Uses Prohibited By Restrictive Covenants

Features

"What's going to happen with affordable housing is that people are going to be living under the radar, trying to get under the leases and do not live there, and apartment owners need to be aware of that because they could be liable for that."