Cooperatives and Condominiums
May 01, 2018
Triable Issue of Fact About Association Liability for Flooding<br>Unit Owner's Representations Cannot Be Used to Contradict Express Terms of Proprietary Lease
As It Turns Out, <i>Yellowstone</i> Waivers Are Enforceable
April 01, 2018
Four years ago, we explored whether a commercial tenant could waive its common law right to seek a <i>Yellowstone</i> Injunction. At that time, there was no appellate authority directly on point. This all changed on Jan. 31, 2018, when the Appellate Division, Second Department ruled in <i>159 MP Corp., v Redbridge Bedford, LLC</i> that the “commercial tenants' voluntary and limited waiver of declaratory judgment remedies in their written lease is valid and enforceable, and not violative of New York's public policy …”
Real Property Law
April 01, 2018
No Tacking of Adverse Possession Claims<br>Issues of Fact Preclude Injunction Requiring Removal of Encroachments<br>Statute of Limitations Bars Foreclosure Claim<br>Permission Bars Prescriptive Easement Claim
The Death of the Law Firm Partnership Vote?
April 01, 2018
<b><i>With an Eye on Efficiency, Firms Are Ditching Old Methods for a More Corporate Form of Governance</b></i><p>A growing number of firms in the United States and the United Kingdom are eschewing historical partnership norms in favor of more centralized management, and with that comes fewer and fewer partnership votes.
<i>Simon v. Starbucks</i>: Preliminary Injunction Granted to Prevent Store Closings
April 01, 2018
While the court will not have the opportunity to rule on the merits of the case, the facts relied upon by the Indiana Superior Court and the conclusions reached in rendering its decision are still instructive for practitioners drafting continuous-use provisions and advising clients on potential breaches or anticipatory breaches of such provisions.
Regulating Interior Landmarks: New York Court Says Duties Don't End
April 01, 2018
What powers does the New York City Landmarks Preservation Commission have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, New York's Appellate Division, First Department, held that the Commission had power to require maintenance of the clock, and to require public access to it.
Cooperatives & Condominiums
April 01, 2018
Questions of Fact Bar Summary Judgment in Condominium's Claim for Improper Alterations<br>Sponsor Did Not Breach Purchase Contract<br>Unit Owners Did Not Have Exclusive Right to Elevator Shaft
Landlord & Tenant
April 01, 2018
Denial of Remaining Family Member Status Upheld<br>Occupant Entitled to Succession Rights to Stabilized Apartment Even If Named Tenant Continued to Sign Leases After Moving Out<br>Tenant Entitled to Succession Rights to Rent-Controlled Apartment<br>Landlord Did Not Establish Use of Apartment to Facilitate Drug Trading<br>421-G Buildings Subject to Luxury Deregulation<br>Incarcerated Son Note Entitled to Succession Rights
Court of Appeals Reaffirms that Deference Is Alive and Well When It Comes to Substantive Requirements of SEQRA EISs
March 01, 2018
The New York Court of Appeals has long established that an agency's assessment of environmental impacts pursuant to the New York State Environmental Quality Review Act, or SEQRA, is entitled to substantial deference, admonishing lower courts that it is not their role to substitute their judgment for the judgment of agencies undertaking the action. Sometimes, however, lower courts give lip service to the deferential standard of review but fail to apply it.
Development
March 01, 2018
Failure to Require SEIS Not Arbitrary<br>Board of Fire Commissioners Lacks Standing to Challenge SEQRA Determination<br>Challenge to Pilot Agreement Reinstated<br>Statute of Limitations Bars Challenge to Excessive Height<br>Billboard Regulation Upheld
