Columns & Departments
Co-ops and Condominiums
Sponsor Liable for Fraudulent Conveyance to Related Entities President of Unincorporated Condominium Association Not Entitled to Indemnification Legal Malpractice Claim Dismissed Use of Commercial Unit Did Not Violate Zoning Regulations or Condominium Bylaws
Columns & Departments
Development
Village Lacked Power to Obligate Village Board to Enact Zoning Amendments Landowner Entitled to Certificate Confirming Pre-Existing Nonconforming Use Neighbor's Challenge to Approval of A Building Permit Dismissed As Untimely
Features
Can Landlords and Tenants Stipulate to Rent Regulation?
Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to "agree" in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.
Features
NY Court Rewrites Rules On Liquidated Damages In Surrender Agreements
In a recent decision, the NY Court of Appeals handed down a decision with a new interpretation of the law of liquidated damages with regard to surrender agreements. Trustees of Columbia v. D'Agostino rewrites the rules of when a tenant simply gives up on the space.
Features
Drawing the Line Between Real Property and Personal Property In the UCC
The back-and-forth is certainly confusing, but what is clear is that it can be unclear exactly where the line between real property and personal property should be drawn.
Features
Law Firms Looking to Retail Space and Other Office Alternatives Post-Pandemic
The prospect of using retail space for law offices is the latest adaptation, in addition to innovations such as hoteling and other forms of shared workspace, that may define law firm offices in the future as the COVID-19 pandemic makes a permanent mark on how firms configure and run their offices.
Features
Open Space Accessibility and the Conundrum of High Stakes Zoning Disputes
The New York Court of Appeals' recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as "open space."
Columns & Departments
Real Property Law
Neighbors Lack Sufficient Interest to Intervene In Modification of Restriction on Land Held for Charitable Purposes Absence of Property Description Did Not Preclude Equitable Mortgage City Entitled to Cancel Contract With Delinquent Former Owner When Owner Failed to Appear At Closing Statute of Limitations Does Not Bar Continuing Nuisance Claim Against Drilling Contractor
Columns & Departments
Landlord & Tenant Law
Guaranty Did Not Extend Past Lease Term Holdover Rent Award Reduced Tenant Is Entitled to Yellowstone Injunction Despite Failure to Attempt to Cure
Columns & Departments
Co-ops and Condominiums
Shareholder's Failure to Seek Relief During Cure Period Bars Preliminary Injunction Non-Purchasing Senior Citizens Not Protected Against Eviction Upon Conversion Occupant of Rent Stabilized Co-Op Unit Entitled to Succession Rights
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