Features
How the Kasowitz Decision Puts Attorney Fee Provisions in Proprietary Leases on Shaky Ground
A bedrock of living in a New York City co-op has been the notion that a tenant/shareholder who breaches their proprietary lease or drags their building into expensive and protracted litigation will be responsible for reimbursing the co-op corporation for the expenses incurred as a result of the breach, including the corporation’s reasonable attorneys’ fees. However, a recent decision from the Appellate Division, First Department has thrown this well-established concept into flux.
Columns & Departments
Real Property Law
City Holds Easement to Property Sold At Tax ForeclosureNo Summary Judgment on Adverse Possesson Claim Against Town Land Absent Proof That Town Established Property As a Public Street
Development
Selective Enforcement Claim Against Town DismissedPlanning Board Had Authority to Relieve Owner from Subdivision ProhibitionState Law Did Not Pre-Empt ZBA Authority to Deny Natural Resources Special Permit
Columns & Departments
Co-ops and Condominiums
Board Lacked Authority to Mandate Replacement of In-Unit WindowsLiquidated Damages Provision for Construction Delay Did Not Constitute Unenforceable Penalty
Columns & Departments
Landlord & Tenant Law
State and City Prohibitions on Housing Discrimination Do Not Permit Suit Against a City
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