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KEYWORDS

Broker Entitled to Commission Even Without Contract Questions of Fact Remain About Standing to De-Accelerate Mortgage Debt Installment Seller Cannot Enforce Forfeiture Clause in Ejectment Action Seasonal Use Sufficient to Establish Prescriptive Easement

Development

Changes in Regulatory Landscape Justify Rescission of Negative Declaration Definition of Family Not Unconstitutionally Vague

Transient Rental Ban Does Not Violate Fair Housing Act

In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.

Real Property Law

Neighborhood Garden Users May Establish Adverse Possession Claim Purchaser Entitled to Return of Down Payment Upon Revocation of Mortgage Commitment After Expiration of Contingency Period Law Firm Not Liable to Non-Client for Turnover of Escrow Funds Law Firm Not Exempt From Claim Under RPL 265-B Presumption of Due Execution Rebutted Title Insurance Regulation Annulled

Development

City Not Estopped to Object to Nonconforming Building Lawyer Advertising Billboards Not Treated As Onsite Advertisements Town Not Obligated to Consider Zoning Amendment East Harlem Rezoning Upheld

Landlord & Tenant

Failure to Register Precludes Landlord from Collecting Otherwise Lawful Rent Increases Unlawful Entry and Detained Proceeding Requires Proof of Possession

Luxury Decontrol for Couples Living Apart

The Rent Regulation Reform Act provides for deregulation of rent-stabilized apartments occupied by tenants whose income exceeds the statutory threshold. When a married couple lives in the apartment, the income of both spouses counts in determining whether the threshold is met. But suppose only one spouse occupies the apartment as a primary residence. When, if ever, should the income of the other spouse be counted towards the threshold?

Cooperatives & Condominiums

Assignment of Right to Purchase Held Not Fraudulent

Real Property Law

Temple Awarded Specific Performance of Agreement to Reconvey Inadequacy of Sale Price Insufficient to Set Aside Foreclosure Sale Questions of Fact About Purchaser's Ability to Perform Knowledge of True Owner's Claim Does Not Defeat Adverse Possession Defense Contract Vendee Entitled to Specific Performance Land Seller Did Not Violate General Business Law Section 349 Statute of Limitations Bars Foreclosure Claim

Landlord & Tenant

Subletting Rent Stabilized Apartment for Short Periods Is Not a Curable Defect Tenant May Terminate When Landlord Failed to Cure Landmarks Violation Breach and Fraudulent Inducement Claims Survive Motion to Dismiss Late Fees Not Enforceable Subtenants Not Entitled to 30 Day Notice

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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."
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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.
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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."
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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.
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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.
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