Features
Adam Leitman Bailey
&
Dov Treiman
In a recent decision, the NY Court of Appeals handed down a decision with a new interpretation of the law of liquidated damages with regard to surrender agreements. Trustees of Columbia v. D'Agostino rewrites the rules of when a tenant simply gives up on the space.
Features
Barbara M. Goodstein
The back-and-forth is certainly confusing, but what is clear is that it can be unclear exactly where the line between real property and personal property should be drawn.
Features
Brenda Sapino Jeffreys
The prospect of using retail space for law offices is the latest adaptation, in addition to innovations such as hoteling and other forms of shared workspace, that may define law firm offices in the future as the COVID-19 pandemic makes a permanent mark on how firms configure and run their offices.
Features
By Philip E. Karmel, James P. Colgate
&
Judith M. Gallent
The New York Court of Appeals' recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as "open space."
Columns & Departments
Stewart Sterk
Neighbors Lack Sufficient Interest to Intervene In Modification of Restriction on Land Held for Charitable Purposes
Absence of Property Description Did Not Preclude Equitable Mortgage
City Entitled to Cancel Contract With Delinquent Former Owner When Owner Failed to Appear At Closing
Statute of Limitations Does Not Bar Continuing Nuisance Claim Against Drilling Contractor
Columns & Departments
Stewart Sterk
Guaranty Did Not Extend Past Lease Term
Holdover Rent Award Reduced
Tenant Is Entitled to Yellowstone Injunction Despite Failure to Attempt to Cure
Columns & Departments
Stewart Sterk
Shareholder's Failure to Seek Relief During Cure Period Bars Preliminary Injunction
Non-Purchasing Senior Citizens Not Protected Against Eviction Upon Conversion
Occupant of Rent Stabilized Co-Op Unit Entitled to Succession Rights
Features
Philip E. Karmel, James P. Colgate
&
Judith M. Gallent
The New York Court of Appeals' recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as "open space."
Features
Linton Mann III
&
William T. Russell Jr.
In The Trustees of Columbia University in the City of New York v. D'Agostino Supermarkets, the NY Court of Appeals split on the issue of whether the relevant damages clause in a commercial lease was unenforceable as a matter of law because it was so grossly disproportionate to the ascertainable amount due upon full performance.
Features
Jack O'Connor
This article provides a brief overview of the SBRA and these first several months of its use — especially in light of the COVID-19 pandemic — concluding that in 2021, Congress should permanently adopt the CARES Act's expanded definition of a "small business debtor" as including businesses with up to $7.5 million in aggregate non-contingent liquidated debts.
