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Litigation

  • 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?

    June 01, 2019Stewart E. Sterk
  • 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.

    June 01, 2019Glenn A. Browne
  • Since the U.S. Supreme Court decided Mayo and Myriad, the Federal Circuit has expanded the holdings and invalidated more patents directed to biological discoveries. If the newly discovered correlations and properties of what is found in nature cannot be patented, what strategies for protection are left for companies doing biological research?

    June 01, 2019Wesley Overson, Otis Littlefield, Mat Swiderski, and Stephanie Blij
  • As the now four-and-a-half-year-long legal dispute between Kesha and her former music producer Dr. Luke continues in New York court, a state appeals panel has decided that the pop singer can compel Sony Music Entertainment to identify people interviewed in its internal investigation that examined Kesha's claims of sexual misconduct by the producer.

    June 01, 2019Jason Grant
  • City Not Estopped from Preventing Construction of Building Despite Longstanding Interpretation of Zoning Resolution

    June 01, 2019ssalkin
  • Broker Breaches Fiduciary Duty By Making Offer That Competes With Client
    Amendment to Association Bylaws Not Effective Until They Are Recorded
    Seller Entitled to Cancel Contract When It Could Not Clear Title
    Buyer's Waiver of Defects In Title Preclude Cancellation By Seller
    Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues
    Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner
    Easement By Prescription Established

    June 01, 2019ssalkin
  • The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.

    June 01, 2019Janice G. Inman