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Litigation

  • Is a property leased to a farming tenant a commercial property or an agricultural property? What about a building leased to a government entity? The distinction can make a difference in the tax laws that apply to the parcel.

    August 01, 2019Janice G. Inman
  • When members of the military are be called into action, the impact could be felt right here at home by our commercial landlords, especially those whose tenants are composed of businesses owned or operated by a sole proprietor, or an owner with one or two employees.

    August 01, 2019Andrew Dector
  • Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until the debtor obtains an order of turnover.

    August 01, 2019Theresa A. Driscoll
  • Failure to Read Lease is Not Fatal to Claim

    August 01, 2019ssalkin
  • On June 14, 2019, New York lawmakers approved, and Governor Cuomo signed, the "Housing Stability and Tenant Protection Act of 2019." The Act contains a series of laws affecting all rentals within the State of New York, making permanent New York's rent regulation laws, which proponents say will ensure that New York's tenants are protected. However, as with any legislation, especially one that seems to have been enacted hastily, there are unintended and possibly quite adverse long-term consequences.

    August 01, 2019Mark Hakim
  • Cancellation of Satisfaction Denied
    Questions About Meeting of Minds
    Statute of Limitations Bars Foreclosure Action
    Merger Doctrine
    Unjust Enrichment
    Mortgage Acceleration Revoked
    Deed Valid When Not Intended As Security for Mortgage Debt
    Specific Performance Denied for Failure to Show Ability to Close

    August 01, 2019ssalkin
  • There are difficult depositions. Unproductive depositions. Ones where people cry or are rude or angry. And then, as the Delaware Supreme Court noted, there's Carole Shorenstein Hays. The 70-year-old Tony award-winning theater producer's behavior during her deposition prompted the Delaware Supreme Court to issue a 20-page addendum blasting her.

    August 01, 2019Jenna Greene