Search New York Real Estate Law Reporter

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

KEYWORDS

Let Freedom (of Contract) Ring: Yellowstone Waivers Are Enforceable

July 01, 2019

This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant's right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.

Co-ops & Condominiums

Merger Doctrine Precludes Unit Owner's Action Against Sponsor

Development

Denial of Site Plan Upheld

Landlord & Tenant

Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act

Real Property Law

Statute of Limitations Does Not Bar Foreclosure Mortgage on Church Property Not Properly Authorized Sale Contract Precludes Fraud Claim Seller's Representations Did Not Survive Closing Foreclosure Action Time Barred Mortgagor Fails to Establish Forgery Mortgagee May Bring Action on Promissory Note; Not Limited to Foreclosure Remedy Summary Judgment Denied In Action to Set Aside a Deed for Fraud

Court of Appeals Upholds Privatization of Interior Landmark

June 01, 2019

The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission (LPC) to designate interior landmarks as well as exterior landmarks. An interior site is eligible for designation only if the public has access to the site, but once the LPC has designated the interior landmark, can the LPC authorize its owner to close the landmark to public access?

Development

City Not Estopped from Preventing Construction of Building Despite Longstanding Interpretation of Zoning Resolution

Real Property Law

Broker Breaches Fiduciary Duty By Making Offer That Competes With Client Amendment to Association Bylaws Not Effective Until They Are Recorded Seller Entitled to Cancel Contract When It Could Not Clear Title Buyer's Waiver of Defects In Title Preclude Cancellation By Seller Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner Easement By Prescription Established

Landlord & Tenant Law

Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied

Eminent Domain

Industrial Development Agency's Determination Rationally Related to Stated Public Purpose Industrial Development Agency Did Not Have Authority to Condemn Land Already Used for a Public Purpose

MOST POPULAR STORIES

When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."
Read More ›
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Read More ›
Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of Licensee
Mission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."
Read More ›
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Read More ›
Recently Introduced Bill Would Limit ITC 'Domestic Industry by Subpoena'
Patent infringement disputes in the United States are not only heard in district courts. The U.S. International Trade Commission (ITC) also decides high-stakes intellectual property disputes — with the remedy for the IP rights holder not being damages, but rather an exclusion order that can block a competitor's importation of infringing articles into the U.S. That remedy can be incredibly powerful for companies engaged in stiff competition in the U.S. market.
Read More ›

Site Search

Follow Us

Law.com Subscribers SAVE 30%

Search

MOST POPULAR STORIES