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Columns & Departments

Landlord & Tenant

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Loft Tenant Subject to Rent Stabilization<br>Video Surveillance a Substitute for Part-Time Lobby Attendants

Features

What to Consider When Drafting Renewal and/or Expansion Terms in Arbitration Clauses Image

What to Consider When Drafting Renewal and/or Expansion Terms in Arbitration Clauses

Elizabeth Kluger Cooper & Kimberly C. Jones

Navigating through a murky arbitration clause is no easy feat. Assuming familiarity with the basics, the following is a list of considerations that should prove valuable whether representing the tenant or the landlord.

Features

The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses Image

The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses

Daniel A. Lev

<b><i>Part One of a Two-Part Article</b></i><p>This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.

Columns & Departments

Case Notes

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Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass<br>Resulting Trust Found Where Commercial Property Held in Just One Partner's Name

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Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees Image

Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees

Steven M. Silverberg & Katherine Zalantis

In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.

Columns & Departments

Real Property Law

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Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim<br>Questions of Fact Remain About Violation of Covenant Requiring Use As a Catholic High School<br>Mortgagor's Letter Seeking Short Sale Did Not Reset Statute of Limitations on Mortgage<br>Failure to Construct Facility Triggers Reverter Provision in Deed<br>Questions of Fact About Whether Buyers Had Made Time of the Essence<br>No Equitable Mortgage When Statute of Limitations Bars Written Mortgage<br>Cotenant Entitled to Partition with Accounting

Columns & Departments

Landlord & Tenant

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Video Surveillance an Adequate Substitute for Lobby Attendants<br>Yellowstone Injunction Unavailable When Tenant Could Not Establish Willingness to Cure<br>Landlord Prevails In Nonprimary Residence Proceeding

Columns & Departments

Cooperatives and Condominiums

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Shareholder Can Compel Board to Cooperate With Building Department

Features

A Little Knowledge Goes a Long Way: A High-Level Overview of Liability Insurance Provisions in a Retail Lease Agreement Image

A Little Knowledge Goes a Long Way: A High-Level Overview of Liability Insurance Provisions in a Retail Lease Agreement

Lisa A. Weixelman & Amber J. Simon

Despite their seemingly lackluster nature, well-drafted insurance provisions in a contract between a landlord and tenant can be extremely important when it comes to mitigating potential exposure and protecting a shopping center's assets.

Features

Due Diligence in Distressed Community Hospitals Image

Due Diligence in Distressed Community Hospitals

Deborah Williamson, Mark Andrews & Richard Y. Cheng

Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.

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