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May 16, 2016 | New York Law Journal

RPAPL §881: Litigating Access to Neighboring Property

Dani Schwartz explores five hidden dangers to avoid when attempting to compel access to adjoining property to perform work on one's own property
22 minute read
May 04, 2016 | New York Law Journal

How Grim is 'Grimm'?

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel examine recent case law interpreting and applying 'Grimm v. DHCRl,' where the Court of Appeals ruled that the four-year look-back period for determining a stabilized rent can be breached where a tenant can establish that the base rent was tainted by fraud; or at the least, can raise a colorable claim of fraud.
16 minute read
April 21, 2016 | New York Law Journal

Panel Says Judge Was Wrong to Postpone License Fee

The owners of a TriBeCa penthouse were entitled to be paid at the same time they lost the use of their terrace, which had a sunken hot tub and outdoor kitchen, due to renovation of the adjacent building, the First Department said Tuesday.
4 minute read
April 19, 2016 | New York Law Journal

Open Issues in RPAPL §881 Litigation

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.
20 minute read
April 06, 2016 | New York Law Journal

Airbnb Encounters Legal Barriers in NYC

In their Landlord-Tenant column, Warren A. Estis and Alexander Lycoyannis discuss how although the popular website Airbnb has had great monetary success, most of its transactions involving New York City residential apartments appear to violate the law.
19 minute read
April 05, 2016 | New York Law Journal

Ex-Dewey Partners Spared Liability for Lease Payments

A Manhattan judge has found that hundreds of former partners of Dewey & LeBoeuf and legacy firms cannot be held personally liable for lease payments after the film filed for bankruptcy, relieving them of millions of dollars of potential liability.
9 minute read
March 02, 2016 | New York Law Journal

Luxury Decontrol: Is a J-51 Notice Required?

In their Rent Regulation column, Warren A. Estis and Jeffrey Turkel survey the relevant case law over the last four years regarding the issue of whether an owner, in order to obtain high-rent high income luxury deregulation in a building that formerly received J-51 benefits, must first serve the tenant with a so-called J-51 notice.
9 minute read
February 08, 2016 | New York Law Journal

Panel Declines to Order Return of $4M in Rescinded Deal

A real estate buyer cannot recoup a $4 million deposit because the sellers were relieved of any obligation to show they were ready to close when the buyer filed a rescission action before the closing date, an appellate court held.
4 minute read
February 03, 2016 | New York Law Journal

The Exhibiting Requirement in Post-Foreclosure Evictions

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the case 'Deutsche Bank v. Dirende,' which held that "exhibiting" the referee's deed in a post-foreclosure eviction requires personal delivery.
9 minute read
January 25, 2016 | New York Law Journal

Experts Say Development Will Slow Without '421-a' Program

While projects that are already underway are unlikely to be affected by the expiration of the "421-a" property tax abatement program, several real estate attorneys expressed hope that the program will be renewed, as it has become a key component of negotiating major development deals in the city.
4 minute read

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