Columns & Departments
Real Property Law
Statutory Damages Awarded Against Building Owner Who Whitewashed Artwork Sale Contract Bars Action for Fraudulent Misrepresentation, Concealment, and Inducement Ambiguity In Restrictive Covenant Limits Enforcement Constructive Trust Imposed Based On Alleged Oral Agreement
Columns & Departments
Development
Buffer Zone Included In Rezoned Area for Purposes of Town Law's Supermajority Requirement Short-Term Rentals Do Not Qualify As Single-Family Use
Columns & Departments
Landlord & Tenant Law
Insurance Failure Precludes Exercise of Purchase Option
Features
Commercial Lease Requirements During the Pandemic
Can a commercial tenant that is required to be closed during the COVID-19 pandemic be relieved of, or does it have a defense to, the obligation to continue to pay rent? The short answer is possibly yes, but the situation is unprecedented and the answer may have to be determined in litigation.
Features
COVID-19: Should Landlords Apply Security Deposits to Unpaid Rents?
There are currently several bills in various stages of being passed into law in several states as of early April, which would restrict, on a temporary basis, the eviction of commercial tenants from their leased premises for failure to pay rent, Whether these bills get signed into law and survive judicial scrutiny remains to be seen. The question then is whether a landlord may enforce the security deposit section of its lease and take the deposit should the tenant miss a rent payment.
Features
5 Lease and Finance Options To Help Conserve — or Even Create — Capital
Five options available that leasing and financing can help law firms not only to deploy their business continuity requirements in the short term, but also improving liquidity now and better position the firm for their future.
Features
Challenge to Property Tax Rejected
No one disputes that the property tax system in New York City is byzantine. In Tax Equity Now LLC v. City of New York, the First Department confronted what it viewed as a very different question: is it illegal. The court concluded that it is not, rejecting a variety of claims and leaving any reform to the legislature.
Columns & Departments
Real Property Law
Equitable Mortgage Enjoys Priority over Mortgage Recorded After Filing of Notice of Pendency Purchaser from Church Not Entitled to Specific Performance Questions of Fact Preclude Summary Judgment on Prescriptive Easement Claims Hearing Necessary to Determine Whether Mortgagee De-Accelerated Mortgage
Columns & Departments
Landlord & Tenant Law
Loft Board Lacks Authority to Supervise Legalization Once Tenants Withdraw Application Tenant Entitled to Relief from Failure to Timely Exercise Renewal Option
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