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Case Notes

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Tenant Improvement Does Not Shift Repair Responsibility Away from Landlord<br>Attorney Fees Not Court-Ordered Cannot Be Recouped by Withholding Rent

Columns & Departments

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Development

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Signs Not Compliant With Zoning Ordinance

Features

<i>Altman</i>: Six Takeaways Image

<i>Altman</i>: Six Takeaways

Jeffrey Turkel

On April 26, 2018, a unanimous Court of Appeals held that apartments vacated between 1997 and 2011 will be considered luxury deregulated where the legal regulated rent was $2,000 or more at the time the incoming tenant moved in. The court reversed the First Department, which had held that such apartments would not be deregulated unless the rent was $2,000 or more at the time the outgoing tenant vacated.

Columns & Departments

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Landlord & Tenant

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Unique Circumstances Require Rent Recomputation<br>City Human Rights Law Requires Landlord to Convert Window Into Wheelchair Accessible Entrance<br>“As Is” Clause Does Not Bar Claim That Landlord Intentionally Caused Defective Conditions

Columns & Departments

Development Image

Development

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LPC's Denial of Hardship Application Upheld<br>Developer's Failure to Obtain Final Decision Deprives Federal Court of Subject Matter Jurisdiction<br>Spot Zoning and SEQRA Challenges Rejected

Columns & Departments

Cooperatives & Condominiums Image

Cooperatives & Condominiums

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Purchaser Adequately Alleged Concealment of Defects<br>Space Allocation Cannot Be Changed Without Unanimous Vote; Unjust Enrichment Claim Survives

Columns & Departments

Real Property Law Image

Real Property Law

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No Easement Created<r>Grant Created Valid and Alienable Possibility of Reverter<br>Contract Vendee Entitled to Specific Performance<br>Questions of Fact About Scope of Mortgage

Features

Waiving the Right to <i>Yellowstone</i> Injunctive Relief Image

Waiving the Right to <i>Yellowstone</i> Injunctive Relief

Janice G. Inman

In a case of first impression, and after it decided public policy would not be offended, New York's Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a <i>Yellowstone</i> injunction in <i>159 MP Corp. v. Redbridge Bedford,</i>

Features

The Tax Cuts and Jobs Act and How It Affects Real Estate Image

The Tax Cuts and Jobs Act and How It Affects Real Estate

Peter M. Fass

<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).

Features

Tenant Liability CERCLA Changes Under 2018 BUILD Act Image

Tenant Liability CERCLA Changes Under 2018 BUILD Act

Nicole TK Moore

One of the significant updates to the law is that now, a tenant at an industrial or manufacturing site can, under appropriate circumstances, claim the “bona fide prospective purchaser” defense to Superfund liability and escape strict, joint, and several owner/operator liabilities when leasing previously-contaminated property.

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