Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Landlord & Tenant Law

By New York Real Estate Law Reporter Staff
April 01, 2024

Partial Constructive Eviction Defense Recognized

Black Quarry Millwork, LLC v. Sandy Littman Realty Corp., 2023 WL 8814771, AppDiv, First Dept. (memorandum opinion)

In commercial tenant's action for a declaratory judgment that it is not in breach of the lease, landlord appealed from Supreme Court's denial of its motion for summary judgment. The Appellate Division affirmed, holding that questions of fact remained about tenant's partial constructive eviction defense.

Tenant's business requires a fire sprinkler system. The City of Newburgh discontinued fire water supply services to the premises, citing deficiencies in the water supply system. Tenant asked landlord to remedy the deficiencies, but landlord asserted that the owner of neighboring property was responsible for remedying those deficiencies. Tenant then stopped paying rent and brought a declaratory judgment action to establish that it was not in breach of the lease. Landlord counterclaimed for unpaid rent and use and occupancy. Supreme Court awarded landlord summary judgment on its counterclaim for tenant's failure to comply with an order to post a bond or pay use and occupancy, but otherwise denied landlord's summary judgment motion. Landlord appealed.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Stranger to the Deed Rule Image

In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.