Landlord Tenant Law

Questions of Fact Preclude Summary Judgment Claim on Liability for Decomposition of Slab Over Garage UnitBreach of Fiduciary Duty Claim for Failure to Investigate Violations

Retroactive Application of FAPA Does Not Violate State Constitution; Retroactive Application of FAPA Does Not Violation Contracts Clause; No Questions of Fact Preclude Summary Judgment on Claim for Partition and Sale; Interest of Heirs Extinguished By Adverse Possession; Sister’s Adverse Possession Claim Against Brother Dismissed

A timely and properly drafted “pre-negotiation agreement” should ensure that all discussions or draft agreements exchanged between the parties are neither enforceable prior to final execution of a settlement agreement nor admissible in any court proceeding.

In 2019, the Uniform Partition of Heirs Property Act/RPAPL §993 (the UPHPA) reshaped the rights of co-owners of inherited property in New York, replacing the traditional, sale-favoring partition system with a multi-layered process designed to limit the right to seek partition and to prioritize family ownership. The Second Department’s sweeping decision confirms that the partition landscape has drastically changed.

This article surveys the emerging regulatory and legal AI landscape and consider steps the hospitality industry stakeholders can take to safeguard against potential exposure as they consider adopting AI tools to drive improved performance.

By giving preference to the guaranty’s release conditions and interpreting “surrender” in the guaranty to mean tenant-side relinquishment of possession and control, the court confirms that guaranty discharge can be self-executing, without the need for any landlord acknowledgment which was required under the prior prevailing authority on the subject.

Survey Insufficient to Establish BoundaryAdverse Possession Claim Defeated for Failure to Establish Reasonable Basis for Belief of OwnershipServient Owner Prohibited from Locking Gate Over EasementShining Lights Over Neighboring Property Raises Questions of Fact About Nuisance ClaimPractical Location of Boundaries Doctrine AppliedWhen Court-Ordered License Expires, Licensor Is Entitled to Use and Occupancy

Some real estate projects may file a final sales tax return in October to report sales tax on rents related to September 2025 occupancy, the final month the sales tax on commercial leases was effective. However, there are three reasons why owners of commercial real estate projects may want to consider filing sales tax returns for three more years, even if they are merely “zero” returns.