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We found 1,569 results for "New York Real Estate Law Reporter"...

Development
May 01, 2024
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval Applicant Entitled to Permit For Small Wireless Facilities
Landlord & Tenant Law
May 01, 2024
Occupation of Premises Does Not Establish Assignment By Operation of Law Amendment to Rent Stabilization Law Is Not Unconstitutional
Real Property Law
May 01, 2024
Summary Judgment Denied On Prescriptive Easement Claim Summary Judgment Denied On Breach of Contract Claim Contract Condition Was For Benefit of Both Parties Statute of Limitations Did Not Bar Claim of Permanent Physical Encroachment
The Guaranty Law Continues to Divide Opinion
April 01, 2024
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.
Development
April 01, 2024
ZBA's Abandonment of Its Prior Determination Invalid Denial of Area Variance Upheld Lease of Town Property Upheld; Property Not Subject to Public Trust East Side Rezoning Upheld Against SEQRA Challenge
Landlord & Tenant Law
April 01, 2024
Partial Constructive Eviction Defense Recognized Condition Precedent to Sub-Sublease Not Satisfied Guaranty Law Does Not Bar Liquidated Damages Claim Penalty for Improper Conversion of Residential Building Force Majeure Clause Reduces Pandemic-Era Rent
Real Property Law
April 01, 2024
Contract Language Does Not Bar Purchaser's Recovery of Prejudgment Interest
Co-ops and Condominiums
April 01, 2024
Housing Discrimination Claim Dismissed Co-Op Did Not Breach Shareholder's Guaranty Agreement Co-Op Not Exempt from Lead Paint Mandate
Law Firm Offices Continued to Shrink In 2023, But Real Estate Costs Did Not
April 01, 2024
Despite the overall trend of downsizing, about 42% of the 80 Am Law 200 firms increased their real estate footprints in 2023. Proportionally, the downsizing was more aggressive than the footprint growth.
Guarantor Liability for Post-Window-Period Rent
March 01, 2024
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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