Landlord & Tenant Law
September 01, 2021
Tenant Did Not Establish Fraud to Warrant Application of DHCR's Default Formula
Four-Year Lookback Rule Applied to Rent Determinations But Not to Determination of Rent-Stabilized Status
Tenant's Impossibility and Frustration of Purpose Defenses Rejected
Tenant's Frustration of Purpose Claim Survives
Neutral Appraiser Entitled to Examine Previous Appraisals
Biometric Law Litigation Expands Beyond Social Media
September 01, 2021
Social media has played an oversized role in lawsuits under state and local biometric privacy laws. Now, a New York City law that took effect in July is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments.
Second Circuit Expands Federal Class Actions for Mortgagors
September 01, 2021
The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.
Legal Issues of Leasing to Cannabis Businesses
September 01, 2021
New cannabis businesses will need to lease commercial space in order to operate — and undoubtedly, many real estate owners are eager to meet this new demand. However, owners and prospective cannabis businesses have many legal issues and questions to consider before entering into lease agreements.
Force Majeure Clauses In Construction Contracts In the Aftermath of COVID-19
September 01, 2021
We are only beginning to scratch the surface of the effect on the construction litigation visited on us by COVID-19-related impacts. However, the pandemic and its continuing impact has reinforced the importance of planning for the unexpected — and undefined — when negotiating construction contracts.
Hoteling Here to Stay As Law Firms Return to the Office
August 01, 2021
For the Big 4 consultancies, hoteling has been a positive operational construct for over a decade, or in some cases longer. The success of the decentralized law firm depends in some part on how well firms can shift "hoteling" from the negative connotation of "losing my desk" to the positive connotation of "having a hotel-like experience."
Fear of Unknown In Force Majeure Litigation Prompting Settlements
August 01, 2021
Since the pandemic began, lawyers have been using the coronavirus to justify nonpayment of rent, construction delays and even termination of labor contracts. But the prospect of litigating a contract cancellation based on force majeure is still so fraught with peril that many breach-of-contract disputes end in an amicable resolution.
Real Property Law
August 01, 2021
License to Enter Neighbor's Property Reversed
Partnership Lacked Authority to Convey Property
Questions of Fact About Whether Easement Extinguished By Adverse Possession
Purchaser Acquired Deed By False Pretenses
Broker Failed to Establish Agreement to Pay Commission
