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We found 1,569 results for "New York Real Estate Law Reporter"...

The Guaranty Law Only Guarantees A Broken Contract
October 01, 2022
A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City. The bill that has attracted perhaps the most attention is known as the "Guaranty Law."
Real Property Law
October 01, 2022
Historic District Designation Not Covered By Title Insurance Liquidated Damages Provision Not an Unenforceable Penalty
Landlord & Tenant Law
October 01, 2022
Unsigned Lease Agreement Not Binding Requirement That Tenants Speak English Supports Fair Housing Act Claim Nonpayment During Pandemic Not Excused By Lease's Casualty Clause Tenant's Diligent Efforts to Convert Property Satisfied Lease Obligation
Development
October 01, 2022
No Automatic Entitlement to Special Permit Adverse Impact on Burial Sites Justified Variance Denial Area Variance Denial Upheld Special Permit Grant Reinstated
Co-ops and Condominiums
October 01, 2022
Nonprofit Has Standing to Challenge Condominium's Alleged Violation of Fair Housing Act
Players On the Move
October 01, 2022
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Transitional Housing Arrangements Are Not Illusory Tenancies
September 01, 2022
The Appellate Division Second Department recently issued a landmark ruling in Sapp et al v. Clark Wilson et al concerning two hot button issues; namely illusory subtenancies and status of transitional occupants.
Development
September 01, 2022
Local Law Prohibiting Drive-Through Windows Requires Full Environmental Assessment Form Area Variance Denial Upheld Redevelopment Project Did Not Transfer Inalienable Parkland Town Board Took Requisite Hard Look At Environmental Impact of Mixed-Use Development Court Rejects Claim of Conspiracy to Violate Vested Rights
Real Property Law
September 01, 2022
Buyer's Anticipatory Repudiation Results In Forfeiture of Down Payment Constructive Trust Claim Supports Notice of Pendency
Landlord & Tenant Law
September 01, 2022
Double Rent Holdover Provision Enforceable; Late Fee Unenforceable As a Penalty Extrinisic Evidence Inadmissible to Vary Terms of Lease Agreement Court Upholds Holdover and Prejudgment Interest Provisions Unsigned Lease Agreement Not Binding

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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