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Features
This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant's right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.
Columns & Departments
Merger Doctrine Precludes Unit Owner's Action Against Sponsor
Columns & Departments
Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act
Columns & Departments
Statute of Limitations Does Not Bar Foreclosure<br>Mortgage on Church Property Not Properly Authorized<br>Sale Contract Precludes Fraud Claim<br>Seller's Representations Did Not Survive Closing<br>Foreclosure Action Time Barred<br>Mortgagor Fails to Establish Forgery<br>Mortgagee May Bring Action on Promissory Note; Not Limited to Foreclosure Remedy<br>Summary Judgment Denied In Action to Set Aside a Deed for Fraud
Features
Restricting a tenant's right to transfer the property it is leasing to a third party is a key component to any lease. Many lenders require landlords to obtain lender consent before the transfer is effective. Failure to obtain such consent could lead to a landlord's default under the terms and conditions of the loan documents, so it is imperative for a landlord to review its loan documents each time it receives a request from a tenant to transfer its interest under the lease.
Features
Welcome to the evolving world of retail — a world that is geared toward changing the way people engage in retail and retail destinations feature a blend of entertainment, experiences and services.
Features
The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission (LPC) to designate interior landmarks as well as exterior landmarks. An interior site is eligible for designation only if the public has access to the site, but once the LPC has designated the interior landmark, can the LPC authorize its owner to close the landmark to public access?
Features
When negotiating permitted-use clauses under retail leases, landlords attempt to achieve the most comprehensive limitations possible so as to avoid conflicts with other tenants' leases and violations of exclusive-use clauses that are maintained by other tenants in the retail facility. Tenants, however, should be very careful to incorporate a certain degree of flexibility and adaptability into their leases' permitted-use clauses to take into account an evolving landscape.
Columns & Departments
City Not Estopped from Preventing Construction of Building Despite Longstanding Interpretation of Zoning Resolution
