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Regulating Interior Landmarks: New York Court Says Duties Don't End Image

Regulating Interior Landmarks: New York Court Says Duties Don't End

Stewart Sterk

What powers does the New York City Landmarks Preservation Commission have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, New York's Appellate Division, First Department, held that the Commission had power to require maintenance of the clock, and to require public access to it.

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Cooperatives & Condominiums Image

Cooperatives & Condominiums

ssalkin &

Questions of Fact Bar Summary Judgment in Condominium's Claim for Improper Alterations<br>Sponsor Did Not Breach Purchase Contract<br>Unit Owners Did Not Have Exclusive Right to Elevator Shaft

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Landlord & Tenant Image

Landlord & Tenant

ssalkin &

Denial of Remaining Family Member Status Upheld<br>Occupant Entitled to Succession Rights to Stabilized Apartment Even If Named Tenant Continued to Sign Leases After Moving Out<br>Tenant Entitled to Succession Rights to Rent-Controlled Apartment<br>Landlord Did Not Establish Use of Apartment to Facilitate Drug Trading<br>421-G Buildings Subject to Luxury Deregulation<br>Incarcerated Son Note Entitled to Succession Rights

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Case Notes Image

Case Notes

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Suit in Second Jurisdiction Is Duplicative<br>Mailing Rent Check While Doing Unauthorized Acts Is Not Mail Fraud

Features

Regulating Interior Landmarks Image

Regulating Interior Landmarks

Stewart E. Sterk

What powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In <i>Save America's Clocks, Inc. v. City of New York</i>, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it.

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Development Image

Development

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Town Board Failed to Take 'Hard Look' at Amendment<br>Jurisdictional Determination from Army Corps<br>Developer Failed to Allege Concrete Injury

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Landlord & Tenant Image

Landlord & Tenant

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Renewal Option<br>Illusory Tenancy Claim

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Real Property Law Image

Real Property Law

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Failure to Disclose Gas Tanks Does Not Constitute Contract Breach<br>Divestiture Agreement<br>Unrecorded Mortgage<br>CEMA Suffices

Features

The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey Image

The Do's and Don'ts of 'Yellowstone' Injunctions: A Brief Survey

Daniel A. Cohen & Fielding E. Huseth

A Yellowstone injunction proceeding is a proceeding in New York court in which a commercial tenant seeks to enjoin the landlord from evicting the tenant for an alleged breach of the lease. This temporary relief preserves the tenant's ability to cure should the court determine that the tenant is in breach, and thus avoid forfeiting its substantial investment in the leasehold.

Features

In New York: Recovery of Accelerated Rents from a Commercial Lease Guarantor Image

In New York: Recovery of Accelerated Rents from a Commercial Lease Guarantor

Joseph I. Farca

With an effective rent-acceleration clause and good-guy guaranty, there is a little-used legal procedure that could allow the landlord to quickly pursue the guarantor for lost back and future rents: a motion for summary judgment in lieu of complaint.

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