By newyorklawjournal | New York Law Journal | September 19, 2017
Death of Record Tenant Insufficient Basis for Termination of Residential Lease
By newyorklawjournal | New York Law Journal | September 19, 2017
Holdover Petition Permitted Where Rent Acceptance after Lease Created Tenancy
By newyorklawjournal | New York Law Journal | September 18, 2017
Downward Adjustment for Market Downturn Unnecessary Where Development Continued
By Joseph I. Farca | September 18, 2017
Joseph I. Farca: Your commercial tenant went dark and dropped the keys off before the expiration of the lease, leaving you with back rent on the books and no tenant paying ongoing rent. Against a tenant who is no longer in possession a landlord-tenant summary proceeding is not an option to recover the back rent, and never could get future rent. But with an effective rent acceleration clause and good guy guaranty, there is a little-used legal procedure that could allow the landlord to quickly pursue the guarantor for lost back and future rents: a motion for summary judgment in lieu of complaint.
By newyorklawjournal | New York Law Journal | September 15, 2017
Homeowners Granted Permanent Injunction Prohibiting Neighbor From Violating Covenant
By Christine Simmons | September 14, 2017
In a burst of New York lateral activity involving two midsize firms, Los Angeles-based Michelman & Robinson announced it had hired a group of Manhattan partners from Phillips Nizer, which separately announced its own new hires and a lease signing this week.
By Josefa Velasquez | September 14, 2017
Mogul Barry Diller's decision to end his quest to build a $250 million floating island in the Hudson River after lengthy litigation surprised even the lawyers on both sides. Diller cited the escalating costs.
By newyorklawjournal | New York Law Journal | September 14, 2017
Forfeiture Affirmed Where Property Was Retained Proceeds of Crimes
By Peter Fisch and Mitchell Berg | September 13, 2017
In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss issues and potential complications when advising U.S. clients in transactions with a foreign counterparty when dealing with a foreign investment in the U.S. real estate market.
By Scott E. Mollen | September 13, 2017
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Omabegho v. The Corcoran Group,” where the court held that a broker has no duty to investigate, but if he has information about a tenant's poor history, he has a duty to fully disclose it; and “Islamic Comm. Center For Mid Westchester v. City of Yonkers Landmark Preservation Board,” where the court ruled that an as-applied challenge to a landmark resolution was not ripe for adjudication.
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