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By Peter E. Fisch and Salvatore Gogliormella | November 1, 2022
Severing a master lease generally entails a number of thorny issues. Because severance can have a meaningful impact on many of the parties' rights and remedies and on their ability to manage and exit their investments in the portfolio, the parties should carefully consider those issues at the outset, prior to entering into the master lease.
10 minute read
By Emily Cousins | October 31, 2022
"Despite the tenant's failure to pay rent and the passage of time set forth in the notice to quit, the tenant continues in possession of the premises without any right or authority," the complaint stated.
2 minute read
By ALM Staff | October 26, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Jane Wester | October 19, 2022
The developers, who all owned apartment buildings in the Bushwick section of Brooklyn, are accused of obtaining more than $1.6 million in fraudulent property tax benefits through the program, which grants tax breaks to developers who agree to reserve affordable units in their buildings.
2 minute read
By Paul A. Rubin and Hanh V. Huynh | October 19, 2022
With the deletion of just a few words from RPAPL §749(3), the 2019 amendment opens the door for tenant-debtors to assume leases even after a pre-bankruptcy warrant of eviction has been issued, without the need for the tenant to first vacate the warrant of eviction.
10 minute read
By Scott Mollen | October 11, 2022
Scott Mollen discusses "Colgate Inn v. Eberhardt," where the court found that the subject lease granted the Inn owner access to an Inn lessee's records regarding the Inn's transactions, and "2875 W. 8th St. Assoc., L.P. v. Bonomo," where the court allowed a tenant to cure a default with a conditional Yellowstone injunction.
14 minute read
By Jason Grant | October 7, 2022
The Appellate Division, First Department court ruling represents another piece of the heated litigation between the tenant and the building owner, and, in a sense, prominent lawyer Bailey.
6 minute read
By Efrem Z. Fischer | October 6, 2022
Even with properly drafted written lease agreements, when one party is seeking to get out of the contract, claims of "mistake" will inevitably surface. But what are the limits of these efforts to rescind or reform an agreement based upon mistake?
10 minute read
By Andrew Denney | September 29, 2022
Petitioner, landlord, commenced a licensee holdover proceeding after the tenant of record, Scott Anderson, died and the last renewal lease expired. In…
2 minute read
By Patricia Kane | September 27, 2022
In this week's Realty Law Digest, Scott Mollen discusses "Miyamoto v. Bank of America," where a reverse mortgagor's lawsuit was only partly dismissed, and the court held that the negligence claim can proceed against Bank of America; and "Mitchell v. Jackson," where non-monetary obligations under the lease were held to sufficiently establish consideration.
14 minute read
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