Features
Steven M. Silverberg
The Southern District of New York, as part of an unresolved 14-year saga in the Village of Pomona, New York, found that the Plaintiffs, who are seeking to construct a Rabbinical College, had brought an action against the Village that is not ripe for adjudication.
Columns & Departments
ssalkin
Deed from One of Several Heirs Void Ab Initio
Fine Imposed By Association Invalid When Bylaw Amendment Was Not Incorporated Into Declaration
Seller Entitled to Retain Down Payment Because Purchaser Never Set a Closing Date
Former Owner Relinquished Rights to Oil and Gas Lease
Columns & Departments
NYRE Staff
Refusal to Approve Summer Camp Triggers RLUIPA
Site Plan Denial Upheld
Columns & Departments
NYRE Staff
Tenant Not Entitled to Treble Damages Because Overcharge Was Not Willful
Warranty of Habitability Claim Reinstated
Tenant Who Never Occupied Premises Cannot Raise Habitability Claim
Landlord May Not Recover Use and Occupancy for Failure to Restore Premises
Features
Peter E. Fisch
&
Salvatore Gogliormella
Section 365 of the Bankruptcy Code grants debtors the ability to assume or reject any executory contract or unexpired lease. Debtors must assume or reject a lease in its entirety and are not free under Section 365 to assume only favorable provisions of a lease. Courts, however, have consistently held that they will not find a multi-property master lease to be a unitary lease merely because such properties are demised in a single document.
Columns & Departments
NYRE Staff
State May Recover Part of Advance Payment from Condemnee
Columns & Departments
NYRE Staff
Co-Op Entitled to Use and Occupancy Pendent Lite
Features
Marjorie J. Peerce, Michael P. Robotti
&
Kamera Boyd
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.
Features
Ann E. Ryan
&
Adrienne B. Koch
The pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security — guaranties and cash security deposits. This article examines the impact of the pandemic on each of those types of security and offers some suggestions for landlords going forward.
Columns & Departments
NYRE Staff
Absent Express Language, Restrictive Covenant Does Not Run With the Land
Mortgagee Not Entitled to Expungement of Satisfaction
Junior Mortgagee Entitled to Rely on Erroneously Recorded Satisfaction of Senior Mortgage
Easement Holders Entitled tTo Pave Easement to Improve Access
Federal Government Not Liable for Erosion Damages Caused By Alleged Failure to Maintain Jetties
Representations and Warranties Survive Closing
