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Renewal Option Omansky v. 160 Chambers Street Owners, Inc. 2017 WL 5328778, 11/14/17 AppDiv, First Dept. (memorandum opinion)
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By Danielle C. Lesser
Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the “continuous operations provision” found in mall leases.
By ssalkin
Insufficient Hostility to Establish Title By Adverse Possession or Prescriptive Easement
Adverse Possession Claim Against Governmental Land Upheld When Land Not Held for Governmental Purposes
No Preliminary Injunction in Action to Declare Sale Contract Void
By ssalkin
Despite Proximity, Neighbor Lacked Standing to Challenge Alleged Zoning Violation
Neighbors Entitled to Remedy Against Landowner’s SLAPP Suit
Area Variance Denial Overturned
By ssalkin
Condemnation Upheld Despite Benefit to Private Party
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By ssalkin
