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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers Image

'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers

William J. Geller & Robert J. Braverman

In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Holdover Tenant Liable for Breach of Covenant Landlord's Acceptance of Rent for 20 Years Waived Right to Challenge Tenancy and to Prevent Exercise of Options to Renew DHCR's Decision Destabilitzing Apartment Upheld

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Scope of Easement Included Right to Install Seasonal Dock No Easement By Necessity But Questions of Fact Remained About Prescription Claim Questions of Fact Remain About Effects of Drilling On Neighboring Parcel Condominium Not Entitled To Summary Judgment On Neighbor's Claim for Negligent Maintenance of Water Main

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Fraudulent Conveyance Claim Against Sponsor Avoids Dismissal Unit Owner's Appropriation of Common Area Constitutes Continuous Trespass Not Barred By Statute of Limitations

Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

Environmental Group Had Standing to Challenge Permit Town Could Not Deny Special Permit On Ground That Unit Owner Had Failed to Show Reasonable Need for Proposed Facility

Features

A Tutorial On Contract Liability for Real Estate Purchasers: 'Huguenot LLC v. Megalith Capital Group Fund I, L.P.' Image

A Tutorial On Contract Liability for Real Estate Purchasers: 'Huguenot LLC v. Megalith Capital Group Fund I, L.P.'

William J. Geller & Robert J. Braverman

In ultimately rejecting the plaintiff's claim that the apartment buyers could be responsible for the condominium developer's breach of a contract recorded as part of the condominium's declaration, the court illustrated some important points about how contracts can run with the land, or otherwise impose liability on real estate buyers.

Features

Landlord Can't Waive Illegal Use of Premises By Accepting Rent Image

Landlord Can't Waive Illegal Use of Premises By Accepting Rent

Scott Mollen

The court reasoned that the landlord's affidavit, together with the exhibits established prima facie proof that the tenant had been illegally using the premises and had acquiesced thereto.

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PA Court Rules that Landlord Can Only Recover Damages for Unpaid Rent Through Date of Repossession Image

PA Court Rules that Landlord Can Only Recover Damages for Unpaid Rent Through Date of Repossession

Alan Nochumson & Alex Hamilton

A recent Pennsylvania Superior Court opinion held that a commercial tenant was evicted from the leased premises rather than abandoning it and that, accordingly, the landlord could only recover damages for unpaid rent through the date when the landlord recovered possession of the leased premises, denying the landlord's claim for additional rent for the remainder of the lease term.

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Don't Sleep On Prohibitions on the Assignability of Leases Image

Don't Sleep On Prohibitions on the Assignability of Leases

Kevin M. Levy & Krystal R. Bordoni-Cowley

Attorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.

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CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit Image

CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit

Sulaiman Abdur-Rahman

Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.

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