Tenant Not Entitled to Treble Damages Because Overcharge Was Not Willful
Warranty of Habitability Claim Reinstated
Tenant Who Never Occupied Premises Cannot Raise Habitability Claim
Landlord May Not Recover Use and Occupancy for Failure to Restore Premises
After a year filled with filings, commercial Chapter 11 bankruptcies fell off a cliff in 2021, causing bankruptcy lawyers to work on out-of-court restructurings or pivot to practices with overlapping skills such as real estate and commercial litigation.
The Housing Stability and Tenant Protection Act (HSTPA) has generated considerable litigation by landlords in both state and federal court. In Building and Realty Institute of Westchester and Putnam Counties, Inc. v. State of New York, the United States District Court for the Southern District of New York dismissed takings, substantive due process, and contracts clause challenges to the statute.
Absent Express Language, Restrictive Covenant Does Not Run With the Land
Mortgagee Not Entitled to Expungement of Satisfaction
Junior Mortgagee Entitled to Rely on Erroneously Recorded Satisfaction of Senior Mortgage
Easement Holders Entitled tTo Pave Easement to Improve Access
Federal Government Not Liable for Erosion Damages Caused By Alleged Failure to Maintain Jetties
Representations and Warranties Survive Closing
In a dispute over West Side development, the First Department handed a victory to developers seeking to build a 39-story building on the block between West 65th and West 66th Street, and Columbus Avenue and Central Park West.
Restrictive Covenant Enforceable Despite Permission By Successor Landowner
Insufficient Evidence of Street Dedication
Inadequate Notice to Mortgagee Voids Tax Sale
Court Reinstates Malpractice Claim Against Lawyer Alleged to Have Solicited Transfer of Title of Residence In Foreclosure
Notice of Pendency Provides Constructive Notice
Servient Owner Not Entitled to Alter Easement Location
Adverse Possession Defeats Co-Tenants' Partition Action
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
