Features
A Clash Between 'Free and Clear' and Tenants' Rights Under the Bankruptcy Code's Section 365(h)
With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.
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Case Notes
First Court's Lack of Jurisdiction over Cause of Action Means Second Action Is Not Barred
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Real Property Law
Ownership of Shifting Beaches<br>Brokerage Commission Provision Expired<br>Adverse Possession/Tennis Court<br>Deed Obtained by False Pretenses
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Development
Negative Declaration/Time Bar<br>No Estoppel Against Village<br>Denial of Area Variance
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Landlord & Tenant
Prior Judgment Does Not Bar Breach Claim<br>Accommodation of Disabilities
Features
Management Fees: Make Sure Your Lease Is Clear
There is no uniform approach relating to management fee provisions in leases, and courts will recognize inequities in the charging and payment of management fees when lease terms are ambiguous or a landlord or tenant fails to comply with the terms of its lease.
Features
First Department Construes Open Space Requirement
In Peyton v. New York City Board of Standards and Appeals, the First Department faced a difficult question: when a zoning lot includes more than one building, can open space accessible to residents of one building, but not to residents of the other buildings, count as open space within the meaning of the New York City Zoning Resolution?
Columns & Departments
Landlord & Tenant
Tenant's Contractor Has Lien Against Landlord's Interest<br>Stipulation of Settlement Between Landlord and Tenant Did Not Release Guarantor<br>Landlord Bound By Rent Mistakenly Set By Temporary Receiver
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