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Development

NYRE Staff

Summons for Violation of Zoning Ordinance Not Duplicative of Prior Dismissed Summons Special Exception Denial Upheld

Columns & Departments

Landlord and Tenant Law Image

Landlord and Tenant Law

NYRE Staff

Tenant's Cure of Default Reinstates Lease Renewal Option Rent-Stabilized Status Survives Tax Foreclosure Sale Tenant Entitled to Yellowstone Injunction Without Taking Steps to Cure Default Landlord Entitled to Use and Occupancy, Not Rent, After Lease Termination

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Easement Scope Limited to Ingress and Egress Seller Entitled to Cancel When Purchaser Did Not Obtain Government Development Approvals

Features

How U.S. Tax Court Reached Its Decision on Michael Jackson's Right of Publicity Image

How U.S. Tax Court Reached Its Decision on Michael Jackson's Right of Publicity

Stan Soocher

The significance of the U.S. Tax Court decision for celebrities and their estates is clear: Prior to now, as Tax Court Judge Mark V. Holmes noted: "We haven't had a case directly addressing the taxability of the image and likeness."

Features

Rehearing Sought In 2d Circuit Finding of No Fair Use In Warhol Work Image

Rehearing Sought In 2d Circuit Finding of No Fair Use In Warhol Work

Scott Graham

Maybe the U.S. Court of Appeals for the Second Circuit should have been a little more patient.

Features

Dr. Luke Isn't 'Public Figure' In Defamation Case Against Kesha Image

Dr. Luke Isn't 'Public Figure' In Defamation Case Against Kesha

Jason Grant

In a split decision that closely examined what constitutes a person being considered a limited public figure for the purposes of defamation standards, the New York Appellate Division, First Department, ruled that acclaimed music producer Lukasz "Dr. Luke" Gottwald is neither a general nor a limited public figure for the purposes of his defamation suit against famed singer Kesha, who has claimed Gottwald drugged and sexually assaulted her.

Features

U.S. Tax Court Rules on Valuation of Michael Jackson's Right of Publicity Image

U.S. Tax Court Rules on Valuation of Michael Jackson's Right of Publicity

Stan Soocher

The significance of the U.S. Tax Court decision for celebrities and their estates is clear: Prior to now, as Tax Court Judge Mark V. Holmes noted: "We haven't had a case directly addressing the taxability of the image and likeness."

Features

Insurer Loses Bid to Dismiss Cinemark's Case Over COVID-19 Image

Insurer Loses Bid to Dismiss Cinemark's Case Over COVID-19

Angela Morris

In a rare ruling, the Cinemark movie theater chain won the chance to keep litigating against its insurance company, seeking losses under a $500 million policy for business interruption from COVID-19.

Features

Counterfeiting vs. Infringement: Second Circuit Weighs In Image

Counterfeiting vs. Infringement: Second Circuit Weighs In

Eric Alan Stone & Catherine Nyarady

In two recent cases, the Second Circuit provided guidance as to the circumstances that may give rise to liability for counterfeiting, as distinct from mere infringement, and addressed liability for contributory infringement for counterfeiting.

Features

Confession of Judgment Provisions In Commercial Leases Image

Confession of Judgment Provisions In Commercial Leases

Megan E. Moyer and Kevin M. Levy

In states where they are enforced, a properly drafted confession of judgment clause in a commercial lease can be one of the most valuable tools in a landlord's toolkit for enforcing its leases and preserving its remedies.

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