Dani Schwartz

January 23, 2020 | New York Law Journal

Recently, and with little media attention, the New York State Legislature enacted a law that appears to nullify, as contrary to public policy, any commercial lease provision that waives a tenant's right to seek a Yellowstone injunction. But the statute as written may not accomplish the Legislature's goal.

By Dani Schwartz

7 minute read

June 29, 2017 | New York Law Journal

Dani Schwartz writes: There is presently a putative split between the First and Second Departments as to whether a tenant in a leasehold dispute lacking interest in title to real property may properly file a notice of pendency. The author explores the statutory history and case law to address the question of whether a tenant may do so.

By Dani Schwartz

19 minute read

May 16, 2016 | New York Law Journal

Dani Schwartz explores five hidden dangers to avoid when attempting to compel access to adjoining property to perform work on one's own property

By Dani Schwartz

22 minute read

April 19, 2016 | New York Law Journal

Dani Schwartz discusses RPAPL §881, which governs efforts to compel access to adjoining property to perform work on one's own property, and explores two open issues in the RPAPL §881 case law: the availability of discovery in an proceeding, and whether the statute applies to demolition work.

By Dani Schwartz

20 minute read