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We found 1,595 results for "New York Real Estate Law Reporter"...

The Enforceability of No-Waiver Provisions in Commercial Leases
December 31, 2014
When faced with the argument that it has violated its lease, a commercial tenant often takes the position that the landlord, by its conduct and/or inaction, has waived such alleged breach. Anticipating such arguments, commercial landlords frequently insert "no waiver" provisions into their leases.
Eminent Domain Law
December 31, 2014
A case in which there were no consequential damages for taking of temporary easement.
Development
December 31, 2014
Expert commentary on three pivotal cases.
Landlord & Tenant
December 31, 2014
In-depth discussion of two notable cases.
Real Property Law
November 30, 2014
In-depth analysis of key cases of interest.
Landlord & Tenant
November 30, 2014
Two pivotal cases are discussed.
Court: Condo Association Has the Right to Amend Bylaws to Bar Smoking Within Individual Units
November 30, 2014
In February 2014, a Westchester County condo association amended its bylaws to bar smoking everywhere on the condominium property, including inside individual units. One unit ownercontinued to smoke in his unit. Herein is a discussion of the litigation that followed.
Development
November 30, 2014
Commentary and analysis of several key rulings.
Landlord & Tenant
November 02, 2014
A ruling in which modifications to the lease did not release the guarantor.
When Does 'Voluntary Payment' Preclude Recovery of Overcharges?
November 02, 2014
When a tenant erroneously pays more rent than a lease requires, can the tenant recover the amount of the excess payments? Answering that question requires exploration of the perplexing voluntary payment doctrine, which continues to rear its head in New York cases.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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