We found 1,579 results for "New York Real Estate Law Reporter"...
Landlord & Tenant Law
June 01, 2019
Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied
Eminent Domain
June 01, 2019
Industrial Development Agency's Determination Rationally Related to Stated Public Purpose<br>Industrial Development Agency Did Not Have Authority to Condemn Land Already Used for a Public Purpose
Covenants That Run with the Land Can Be Waived
May 01, 2019
Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
Development
May 01, 2019
Nonconforming Use Not Discontinued<br>Developer's Rico, Estoppel, and Equal Protection Claims Dismissed<br>Denial of Area Variance Overturned
Real Property Law
May 01, 2019
Affirmative Covenant Enforceable Against Successor Developer<br>Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable
Landlord & Tenant
May 01, 2019
Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed<br>Failure of Consideration a Defense In Action Against Tenant's Guarantor
Cooperatives and Condominiums
May 01, 2019
Sponsors Not Entitled to Indemnification for Faulty Construction
Claim of Non-Purchasing Tenant Status Rebuffed
April 01, 2019
When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.
Development
April 01, 2019
Cemetery Entitled to Use Variance<br>ZBA Usurpation of Planning Board Authority<br>Statutory Factors Need to Be Considered In Denial of Area Variance
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- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- Disconnect Between In-House and Outside Counsel'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›