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Case Notes Image

Case Notes

ssalkin

Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass<br>Resulting Trust Found Where Commercial Property Held in Just One Partner's Name

Features

Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees Image

Appellate Division Complicates the Rules for Municipalities Charging Consultants' Fees

Steven M. Silverberg & Katherine Zalantis

In a case addressing what consulting fees (in particular attorneys' fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim<br>Questions of Fact Remain About Violation of Covenant Requiring Use As a Catholic High School<br>Mortgagor's Letter Seeking Short Sale Did Not Reset Statute of Limitations on Mortgage<br>Failure to Construct Facility Triggers Reverter Provision in Deed<br>Questions of Fact About Whether Buyers Had Made Time of the Essence<br>No Equitable Mortgage When Statute of Limitations Bars Written Mortgage<br>Cotenant Entitled to Partition with Accounting

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ssalkin

Video Surveillance an Adequate Substitute for Lobby Attendants<br>Yellowstone Injunction Unavailable When Tenant Could Not Establish Willingness to Cure<br>Landlord Prevails In Nonprimary Residence Proceeding

Columns & Departments

Cooperatives and Condominiums Image

Cooperatives and Condominiums

ssalkin

Shareholder Can Compel Board to Cooperate With Building Department

Features

A Little Knowledge Goes a Long Way: A High-Level Overview of Liability Insurance Provisions in a Retail Lease Agreement Image

A Little Knowledge Goes a Long Way: A High-Level Overview of Liability Insurance Provisions in a Retail Lease Agreement

Lisa A. Weixelman & Amber J. Simon

Despite their seemingly lackluster nature, well-drafted insurance provisions in a contract between a landlord and tenant can be extremely important when it comes to mitigating potential exposure and protecting a shopping center's assets.

Features

Due Diligence in Distressed Community Hospitals Image

Due Diligence in Distressed Community Hospitals

Deborah Williamson, Mark Andrews & Richard Y. Cheng

Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.

Features

The Gold Rush of NJ Cannabis Leasing: Avoiding a Few Traps for the Unwary Image

The Gold Rush of NJ Cannabis Leasing: Avoiding a Few Traps for the Unwary

Brad A. Molotsky

In this ever-evolving space, where 30 states have permitted medical cannabis and nine states have permitted adult-use cannabis, there are many issues that come into play in a lease tailored to cannabis dispensing or grow facilities. This article sensitizes the reader to the notion that these types of leases are not “business as usual,” and that they have their own nuances.

Columns & Departments

Case Notes Image

Case Notes

Janice Inman

Two Lawsuits, No Collateral Estoppel<br>No Meeting of the Minds in Forged Lease

Features

Computing Rent Overcharges in Light of Roberts Image

Computing Rent Overcharges in Light of Roberts

Stewart E. Sterk

In Roberts v. Tishman Speyer Props, L.P., the Court of Appeals established that a landlord receiving J-51 benefits could not avail itself of the benefits of luxury deregulation.

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