Letter Agreement Between Landlord and Tenant Did Not Extinguish GuarantyTreble Damage Award Upheld; Landlord Failed to Establish Overcharge Was Not WillfulDenying Access to Landlord Constituted Breach Entitling Landlord to PossessionTenant Entitled to Yellowstone Injunction With Respect to Taxes and Sewer Charges
In the case of Hudson View Park Company v. Town of Fishkill, the New York Court of Appeals concluded that a Memorandum of Understanding (MOU) entered into between Plaintiff and the Fishkill Town Board in 2017, regarding the review of a certain zoning proposal, was not binding upon a Town Board subsequently elected in 2019.
The commercial real estate mortgage loan is in default. The defaults are material. Discussions have occurred among lender, borrower and their representatives. There’s been a forbearance agreement, or several. The loan has been “extended,” pretending time will be the panacea. “Extend and pretend” has failed. The lender has remedies. This article describes those remedies.
In the case of Hudson View Park Company v. Town of Fishkill, the New York Court of Appeals concluded that a Memorandum of Understanding entered into between the plaintiff and the Fishkill Town Board in 2017, regarding the review of a certain zoning proposal, was not binding upon a Town Board subsequently elected in 2019.
Homeowners Association Obtains Injunction Prohibiting Beach Use By Short-Term RentersContinuous Trespass Gives Rise to Successive Causes of ActionNo Constructive Trust In Absence of Confidential RelationshipEasement Not Established Over Abandoned Public RoadContract Vendee’s Wrongful Eviction Claim Raises Questions of Fact About AbandonmentReferee Had Discretion to Set Minimum Sale Price At Partition Sale
Attorney fees for an NLJ 500 firm prevailing in a commercial lease dispute were slashed nearly in half after a federal judge in Pennsylvania concluded the party’s success did not warrant nearly $750,000 in fees.
Landowner Had Standing to Raise SEQRA ClaimVillage’s Architectural Review Provision Not Unconstitutionally VagueFederal Abstention Appropriate In Selective Enforcement Case
Balance of Equities Precludes Mandatory Injunction Against Removal of Prohibited Renovation
While the need for data centers continues to increase, the land development challenges posed by data centers also have increased. These land development challenges focus around several key areas.
While the term ripeness may conjure up images of fruit or produce, in federal litigation it functions as a pragmatic barrier against premature judicial intervention. The plaintiffs in 61 E. Main St. Assoc., LLC v Vil. of Washingtonville felt the full force of this doctrine after their claims alleging unlawful, discriminatory delay in approving their project were dismissed as unripe for adjudication. The Southern District of New York reaffirmed the Second Circuit’s longstanding approach to zoning disputes: No Final Decision, No Federal Lawsuit.
