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Eminent Domain

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Industrial Development Agency's Determination Rationally Related to Stated Public Purpose<br>Industrial Development Agency Did Not Have Authority to Condemn Land Already Used for a Public Purpose

Columns & Departments

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Bit Parts

Stan Soocher

State Appeals Court Decides Alimony for Country Artist Joe Diffie's Ex-Wife Shouldn't Be Based on “Speculative Income” <br>Arbitration Clause in TV-Show Appearance Release Found Severable From Rest of Agreement

Features

'Fresh Start' Leads To Bankruptcy Discharge of Environmental Contamination Claims Image

'Fresh Start' Leads To Bankruptcy Discharge of Environmental Contamination Claims

Andrew C. Kassner & Joseph N. Argentina Jr.

One of the powerful benefits of bankruptcy is the ability to obtain a “fresh” start by obtaining a discharge of most, but not all claims that arose prior to the filing of the bankruptcy case. But when does a claim arise? This issue is especially complex when environmental contamination claims are involved.

Features

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Negotiating Relocation Rights

Terrence M. Dunn

Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.

Features

Negotiating Relocation Rights Image

Negotiating Relocation Rights

Terrence M. Dunn

Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.

Features

Covenants That Run with the Land Can Be Waived Image

Covenants That Run with the Land Can Be Waived

Jeffrey Turkel

Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.

Columns & Departments

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Eminent Domain Law

ssalkin

No Consequential Damages When State Takes Neighbor's Land

Columns & Departments

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Development

ssalkin

Nonconforming Use Not Discontinued<br>Developer's Rico, Estoppel, and Equal Protection Claims Dismissed<br>Denial of Area Variance Overturned

Columns & Departments

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Real Property Law

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Affirmative Covenant Enforceable Against Successor Developer<br>Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable

Columns & Departments

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Landlord & Tenant

ssalkin

Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed<br>Failure of Consideration a Defense In Action Against Tenant's Guarantor

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