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Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

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 Image

Making the Office a Destination: The Rise of Hospitality In Law Firms

Anthony Davies

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 Image

Development

NYRE Staff

Town Law Does Not Require Public Hearing On Site Plan Approval

Features

Court Finds Rabbinical College Lawsuit Against Village Is Not Ripe for Determination Image

Court Finds Rabbinical College Lawsuit Against Village Is Not Ripe for Determination

Steven M. Silverberg

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 Image

Real Property Law

ssalkin

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

Columns & Departments

Development Image

Development

NYRE Staff

Refusal to Approve Summer Camp Triggers RLUIPA Site Plan Denial Upheld

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

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 Image

Pros and Cons of Master Leases

Peter E. Fisch & Salvatore Gogliormella

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 Image

Eminent Domain Law

NYRE Staff

State May Recover Part of Advance Payment from Condemnee

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Co-Op Entitled to Use and Occupancy Pendent Lite

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