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Appellate Division Awards Compound Interest in Takings Case
June 28, 2005
In its April 19, 2005 decision in <i>520 East 81st Street Associates v. State of New York</i>, the Appellate Division, First Department, held that principles of just compensation require that claimant be awarded compound interest as part of its takings damages. While various Federal and state courts had previously awarded compound interest under such circumstances, <i>520 East 81st Street</i> marks the first time that a New York State Court has done so.
Development
June 28, 2005
Notable recent cases.
Cooperatives & Condominiums
June 28, 2005
Recent cases you need to know.
Real Property Law
June 28, 2005
Recent rulngs of importance to you and your practice.
Eminent Domain Law
June 28, 2005
A look at a recent important case.
Landlord & Tenant
June 28, 2005
Notable cases and recent rulings.
Property Taxation Without Services
May 31, 2005
New York municipalities have often conditioned development approvals on developers' agreements to provide services ordinarily provided by the municipality. These agreements are typically silent on the tax consequences of the municipality's failure to provide services. Under what circumstances, then, can landowners challenge the municipality's power to collect taxes for services the municipality does not provide? Two cases recently decided -- one by the Court of Appeals and one by the Second Department -- shed light on that question.
Landlord & Tenant
May 31, 2005
Analysis of the most recent decisions.
Real Property Law
May 31, 2005
All the latest you need to know.
Index
May 31, 2005
Everything contained in this issue in an easy-to-read list.

MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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