Players On the Move
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Read More › Features
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.
Columns & Departments
Development
ssalkin
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
ssalkin
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
ssalkin
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
Features
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
ssalkin
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
ssalkin
Town Entitled To Injunctive Relief for Violation of Certificate of Occupancy
Features
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.
Features
Anti-Forfeiture Statute Saves a Debtor's Exercise of Option to Renew Lease
Barry M. Klayman
&
Mark E. Felger
In a recent decision, Bankruptcy Judge Christopher S. Sontchi addressed the question of whether a Chapter 11 debtor, the tenant under a commercial lease, could exercise an option to renew the lease during the bankruptcy proceedings, even though the debtor was in default under the lease and the lease specified that it could not be renewed if defaults existed at the time the option was exercised.
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