Features

Specific performance is an important remedy in real estate transactions, however, it is disfavored by the courts and under certain circumstances (particularly in the case of sale-leasebacks), a specific performance clause, even if properly drafted, may not be enforced by the courts.

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Foreclosure Sale Purchaser Has Standing to Bring Strict Foreclosure Proceeding Forgery Allegations Did Not Raise Question of Fact to Rebut Certificate of Acknowledgment

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Comparable Sales Sufficient to Support Eminent Domain Award

Features

A recent decision in a Chapter 11 bankruptcy case in the U.S. Bankruptcy Court for the Southern District of New York highlights the significant impact that a 2019 amendment to the New York Real Property and Procedures Law will have on future disputes in bankruptcy cases where the tenant files for bankruptcy after the issuance of a warrant of eviction but before its execution.

Features

A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City. The bill that has attracted perhaps the most attention is known as the "Guaranty Law."

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Historic District Designation Not Covered By Title Insurance Liquidated Damages Provision Not an Unenforceable Penalty

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Unsigned Lease Agreement Not Binding Requirement That Tenants Speak English Supports Fair Housing Act Claim Nonpayment During Pandemic Not Excused By Lease's Casualty Clause Tenant's Diligent Efforts to Convert Property Satisfied Lease Obligation

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No Automatic Entitlement to Special Permit Adverse Impact on Burial Sites Justified Variance Denial Area Variance Denial Upheld Special Permit Grant Reinstated