Daniel M Lehmann

Daniel M Lehmann

October 07, 2024 | New York Law Journal

NYC's Administrative Court's to Publish Some Rulings in the New York Law Journal Is Welcomed. But It Should Go Further

An attorney who has worked thousands of cases before the New York City Office of Administrative Trials and Hearings applauds the court's recent announcement to submit rulings from its trial division to the New York Law Journal for publication. But he says going further and publishing rulings from the court's appeals and hearing divisions would more accurately reflect OATH and how its decisions impact the average New Yorker.

By Daniel M. Lehmann

4 minute read

September 15, 2023 | New York Law Journal

An Ironic Twist to New York City's 'Get Sheds Down' Initiative

In their article, "'Get Sheds Down': Reforming NYC's Shed Construction," Kenneth M. Block and Melissa T. Billig discuss New York City Department…

By Daniel M. Lehmann

1 minute read

August 23, 2023 | New York Law Journal

Of Ham Sandwiches and Eminent Domain Procedures

This article presents a number of examples that will make the practitioner aware that interpreting the EDPL is far from settled and that practitioners may have an uphill battle and high burden to overcome in seeking to challenge under EDPL.

By Daniel M. Lehmann

14 minute read

December 28, 2016 | New York Law Journal

N.J. Court Rejects 'Manifest Abuse of the Eminent Domain Power'

Daniel M. Lehmann, who practices eminent domain law and real property valuation, discusses a decision in New Jersey where the court did not automatically approve the governmental attempt to exercise eminent domain without legitimate consideration. The case highlights for the practitioner the difference between New York's and New Jersey's judicial treatment of a private property owner challenging the use of eminent domain. This case also alerts the practitioner to the possibility that New Jersey courts, unlike New York courts, are on a path toward providing the private property owner with greater constitutional protection.

By Daniel M. Lehmann

21 minute read

January 03, 2014 | New York Law Journal

Duty to Disclose Condemnation Information in a Transaction?

Saul R. Fenchel and Daniel M. Lehmann of Berkman, Henoch, Peterson, Peddy & Fenchel discuss: When a purchaser, for example, purchases real property and then learns that not only does the government plan to take the property through eminent domain but the seller knew of but did not disclose this information before the sale, does the purchaser have any legal recourse? Conversely, does the seller have a duty to disclose information of a condemnation?

By Saul R. Fenchel and Daniel M. Lehmann

12 minute read