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Landlord Tenant Law

  • Village Lacked Power to Obligate Village Board to Enact Zoning Amendments Landowner Entitled to Certificate Confirming Pre-Existing Nonconforming Use Neighbor's Challenge to Approval of A Building Permit Dismissed As Untimely

    March 01, 2021NYRE Staff
  • Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to "agree" in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.

    March 01, 2021Jeffrey Turkel
  • 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.

    March 01, 2021Adam Leitman Bailey and Dov Treiman
  • 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.

    March 01, 2021Brenda Sapino Jeffreys
  • 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."

    February 01, 2021By Philip E. Karmel, James P. Colgate and Judith M. Gallent
  • 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

    February 01, 2021Stewart Sterk
  • Guaranty Did Not Extend Past Lease Term Holdover Rent Award Reduced Tenant Is Entitled to Yellowstone Injunction Despite Failure to Attempt to Cure

    February 01, 2021Stewart 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

    February 01, 2021Stewart Sterk
  • 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."

    February 01, 2021Philip E. Karmel, James P. Colgate and Judith M. Gallent