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Are DHCR's New Regulations Unconstitutional?

On Feb. 24, 2014, the Rent Stabilization Association, Community Housing Improvement Program, and certain property owners filed a lawsuit i challenging the constitutionality of the numerous amendments that the DHC promulgated to the RSC and TPR on Jan. 8..

Development

In-depth analysis of a case involving vested rights.

Real Property Law

An in-depth look at several important rulings.

Landlord & Tenant

Discussion of a case in which a landlord was not entitled to recover fees.

Development

Hardship Waiver for Pine Barrens Development Upheld

Real Property Law

Junior Mortgagee Fails in Effort to Require Senior Mortgagee to Sell Security Separately Time of the Essence Notice Ineffective When Served Before Initial Closing Date Seller Not Entitled to Vendor's Lien

City Parkland: Invalid Lease or Permissible License?

When may a New York municipality authorize commercial use of parkland without express authorization of the state legislature? That question recently reached the Court of Appeals in Union Square Park Community Coalition v. New York City Department of Parks and Recreation, in which the court upheld an agreement between the city and a private party authorizing the latter to operate a seasonal restaurant in Union Square Park.

Landlord & Tenant

Anticipatory Repudiation Raises Questions of Fact Landlord Not Liable for Breaches of Its Predecessor Successful Tenant Entitled To Attorneys' Fees Three-Quarter House Residents Not Entitled to Rent Stablization Protection Nonprimary Residence Proceeding Succeeds on Remand from Court of Appeals

The Ethics and Legality of Snooping

When we tell clients we are unable to attempt a particular course of action, the reason is usually one of professional ethics or illegality. Here's a review of what we can and cannot do.

Landlord & Tenant

A look at several major cases.

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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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