Columns & Departments
Landlord & Tenant Law
Nonpayment Proceeding Not Available for Use and Occupancy Questions of Fact About Whether Landlord Accepted Surrender Improper Withholding of Consent Does Not Excuse Guarantor Loft Board's Rejection of Abandonment Petition Upheld
Features
Making the Office a Destination: The Rise of Hospitality In Law Firms
The law firm office cannot remain unchanged, therefore, as if frozen in time set to some date prior to the onset of pandemic, when all the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.
Columns & Departments
Development
Town Law Does Not Require Public Hearing On Site Plan Approval
Features
Court Finds Rabbinical College Lawsuit Against Village Is Not Ripe for Determination
The Southern District of New York, as part of an unresolved 14-year saga in the Village of Pomona, New York, found that the Plaintiffs, who are seeking to construct a Rabbinical College, had brought an action against the Village that is not ripe for adjudication.
Columns & Departments
Real Property Law
Deed from One of Several Heirs Void Ab Initio Fine Imposed By Association Invalid When Bylaw Amendment Was Not Incorporated Into Declaration Seller Entitled to Retain Down Payment Because Purchaser Never Set a Closing Date Former Owner Relinquished Rights to Oil and Gas Lease
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Development
Refusal to Approve Summer Camp Triggers RLUIPA Site Plan Denial Upheld
Columns & Departments
Landlord & Tenant Law
Tenant Not Entitled to Treble Damages Because Overcharge Was Not Willful Warranty of Habitability Claim Reinstated Tenant Who Never Occupied Premises Cannot Raise Habitability Claim Landlord May Not Recover Use and Occupancy for Failure to Restore Premises
Features
Pros and Cons of Master Leases
Section 365 of the Bankruptcy Code grants debtors the ability to assume or reject any executory contract or unexpired lease. Debtors must assume or reject a lease in its entirety and are not free under Section 365 to assume only favorable provisions of a lease. Courts, however, have consistently held that they will not find a multi-property master lease to be a unitary lease merely because such properties are demised in a single document.
Columns & Departments
Eminent Domain Law
State May Recover Part of Advance Payment from Condemnee
Columns & Departments
Co-ops and Condominiums
Co-Op Entitled to Use and Occupancy Pendent Lite
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