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Litigation

  • Tenth Circuit Lowers Investment Advisor's Disgorgement from $35 to $5 Million

    May 01, 2018Dennis Mahoney
  • Guarantor May Not Interpose Wrongful Eviction Defense
    Landlord Bound by Renewal Lease Signed After Judgment of Possession
    Notice of Nonrewnal Sufficient to Withstand Jurisdictional Challenge
    Incarcerated Son Not Entitled to Succession Rights
    Occupant Did Not Establish Succession Rights
    Court Dismisses Tortious Interference Claim By Holder of First Refusal Right

    May 01, 2018ssalkin
  • Triable Issue of Fact About Association Liability for Flooding
    Unit Owner's Representations Cannot Be Used to Contradict Express Terms of Proprietary Lease

    May 01, 2018ssalkin
  • Federal Circuit Affirms Dismissal of Declaratory-Judgment Action Based Under Rule Against Piecemeal Adjudication
    Federal Circuit Affirms Non-Infringement Finding Despite Defendant's Discovery Violation

    May 01, 2018Jeff Ginsberg and Dorothy LeRay
  • Ultimately, Village at Lakeridge is noteworthy for what the Supreme Court did not decide. In granting certiorari, the Supreme Court declined to address whether the lower courts' various “non-statutory insider” tests should be refined. As concurrences from Justices Sotomayor and Kennedy emphasized, though, that issue is ripe for increased scrutiny.

    May 01, 2018Daniel A. Lowenthal and J. Taylor Kirklin
  • Is This The End of the 'Yellowstone' Doctrine?

    Recently, New York's Appellate Division, Second Department, acknowledged that commercial landlords may employ a strategy that prevents tenants from exercising Yellowstone rights, which enjoin the landlord from terminating the lease or commencing a summary proceeding.

    May 01, 2018David B. Saxe and Danielle C. Lesser
  • New York State Bar Association Entertainment, Arts & Sports Law Section Annual Spring Meeting

    May 01, 2018ssalkin
  • Slip-and-Fall Victim Cannot Recover from Landlord or Tenant

    May 01, 2018ssalkin
  • The culturally conscious property owner may be interested in commissioning an artist to beautify the outdoor wall of the owner's warehouse space. However, it's important to understand the legal effect of commissioning such work and the scope of rights that the property owner acquires and surrenders as a result.

    April 01, 2018Matthew V. Wilson and Tucker Barr