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Considering Lease Assignment Provisions in the Light of an Enterprise's Broader Business Plan Image

Considering Lease Assignment Provisions in the Light of an Enterprise's Broader Business Plan

Terrence M. Dunn

When entering into or acquiring leases for locations, a retail or restaurant business must consider broader business concerns in negotiating the leases' assignment provisions. Those provisions can inadvertently create major obstacles in the ultimate conveyance or financing of the business.

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Supreme Court Denies Cert in RLUIPA Case Image

Supreme Court Denies Cert in RLUIPA Case

Steven M. Silverberg

<b><i>Sets Standard that Potentially Relieves Municipalities from Liability for Denying Religious Uses</b></i><p>The broad and somewhat vague definition of religious exercise in The Religious Land Use and Institutionalized Persons Act (RLUIPA) has invited much litigation over what constitutes a substantial burden and even what constitutes religious exercise.

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Case Notes Image

Case Notes

ssalkin &

She's Not a Third-Party Beneficiary

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Development Image

Development

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Merger Defeats Single and Separate Ownership Claim<br>Failure to Refer to County Planning Board Invalidates Grant of Area Variance<br>Denial of Natural Resources Special Permit Upheld<br>Village Ratifies Extension of Lease to Cell Phone Provider

Columns & Departments

Real Property Law Image

Real Property Law

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Interest on Loan Tolled When Mortgagee Delayed In Filing Request for Judicial Intervention<br>Court Dismisses Tortious Interference Claim By Holder of First Refusal<br>Easement Enforceable Despite City Register's Failure to Index the Easement Against Newly Created Lot

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

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Liquidated Damages Provision Not an Unenforceable Penalty<br>Occupant Established Succession Right Despite Absence of Sexual or Blood Relationship<br>Rent Stabilization Provision Lost When Tenant Executed Lease In Corporate Name<br>Predecessor Landlord Waived Prohibition on Subleases and Assignments

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Preserved Farmland Really Is for Farming Image

Preserved Farmland Really Is for Farming

Lisa Clare Kombrink

The Appellate Division, Second Department, recently decided <i>Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature,</i> an important case that pitted the interests of farmers and conservationists against a local advocacy group focused on open space and water quality.

Columns & Departments

Real Property Law Image

Real Property Law

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Broker Agreed to Commission Based on Rent for First Five Years of Lease<br>Statements in Earlier Action Did Not Accelerate Mortgage and Trigger Statute of Limitations<br>Death Does Not Extend Foreclosure Limitations Period<br>Neighbor Granted Statutory Licence to Paint Fence<br>Record Did Not Establish Conveyance of Easement<br>Co-Tenant Entitled to Partition

Columns & Departments

Development Image

Development

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Town Entitled To Injunctive Relief for Violation of Certificate of Occupancy

Features

Leased Property in Bankruptcy: Residential vs. Non-Residential Image

Leased Property in Bankruptcy: Residential vs. Non-Residential

Janice G. Inman

Bankruptcy is a fact of life in the United States. When it happens, the treatment of a lease as either residential or non-residential may be crucial to all parties -- landlords, tenants, subtenants and their counselors.

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