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Litigation

  • When does an immediately adjacent neighbor have standing to challenge a SEQRA determination? In Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals, the Court of Appeals made it clear that adjacent neighbors have presumptive standing to challenge zoning determinations.

    March 01, 2020Stewart E. Sterk
  • Property owners granting production companies access to their properties seems like a no-brainer — who wouldn't want their property featured in that next big blockbuster movie or hit television series? However, when filming occurs on private property, a location agreement is a must, from the perspectives of both the production company and the property owner.

    March 01, 2020Maxwell Briskman Stanfield
  • Assignment provisions in commercial leases are heavily negotiated and very important to both landlords and tenants. This article presents a brief overview of the assignment provision in commercial leases, both office and retail.

    March 01, 2020John G. Kelly
  • In January, a Southern District of New York U.S. Bankruptcy Chief Judge entered a decision granting summary judgment to a pro se debtor, finding that he debtor had satisfied the "undue hardship" standard set forth in Section 523(a)(8) of the Bankruptcy Code, and ordering the discharge of the student loan debt of more than $220,000.

    March 01, 2020Rudolph J. Di Massa, Jr. and Keri L. Wintle
  • Among other things, the article discusses the Swedish music industry perspective on the European Union's Copyright Directive, the growth of multi-country music licensing hubs and the impact of Brexit.

    March 01, 2020Stan Soocher
  • Lifetime Leasehold Interest Does Not Exempt Apartment from Rent Stabilization Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence Landlord's Reliance on Representations of Prior Owners Does Not Preclude Finding That Overcharge Was Willful, Resulting In Treble Damages Tenant's Failure to Pay Rent and Other Charges Forfeits Tenant's Right to Renew Questions of Fact Remain About Tenants Liability for Holdover Charges Tenant's Proposed Withdrawal of Application for Loft Board Coverage Void As Against Public Policy

    March 01, 2020ssalkin
  • Purchaser Who Did Not Record Until After Notice of Pendency In Foreclosure Action Not Entitled to Intervene Recording of Senior Mortgage Put Junior Mortgagee on Constructive Notice Issues of Fact Preclude Summary Judgment on Easement Claims Purchaser's Claim for Damages Against Dual Agent Broker Survives Summary Judgment Title Insurance Regulations Upheld

    March 01, 2020ssalkin