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Transitional Housing Arrangements Are Not Illusory Tenancies Image

Transitional Housing Arrangements Are Not Illusory Tenancies

Nativ Winiarsky

The Appellate Division Second Department recently issued a landmark ruling in Sapp et al v. Clark Wilson et al concerning two hot button issues; namely illusory subtenancies and status of transitional occupants.

Features

Update on Changes In New York's Ticket Sales Law Image

Update on Changes In New York's Ticket Sales Law

Anthony J. Dreyer, Ryan P. Bisaillon & Michael C. Salik

NY's update to its regulatory scheme for event ticketing principally affects the rules governing disclosure requirements for primary ticket sale prices and restricts the means of secondary ticket resale, including by expanding penalties for the use of scalper software "bots" and unauthorized ticket purchasing software.

Columns & Departments

Development Image

Development

NYRE Staff

Local Law Prohibiting Drive-Through Windows Requires Full Environmental Assessment Form Area Variance Denial Upheld Redevelopment Project Did Not Transfer Inalienable Parkland Town Board Took Requisite Hard Look At Environmental Impact of Mixed-Use Development Court Rejects Claim of Conspiracy to Violate Vested Rights

Features

Protecting a Trademark Licensor's Rights In Its Licensee's Bankruptcy Case Image

Protecting a Trademark Licensor's Rights In Its Licensee's Bankruptcy Case

Alfred S. Lurey

A recent bankruptcy case from the District of Delaware underscores the need for a trademark licensor to be alert to filings made in its licensee's bankruptcy case that may require prompt action by the licensor to protect its valuable rights under a license agreement.

Features

Can a Tenant Enforce a Right of Refusal In Third-Party Sale? Image

Can a Tenant Enforce a Right of Refusal In Third-Party Sale?

Alan Nochumson & Alex Goldberg

In Tri-Outdoor v. Keyser, the Pennsylvania Superior Court recently addressed whether a tenant could specifically enforce a right of first refusal provision contained in a lease agreement where the landlord sold the leased premises to a third-party purchaser.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Buyer's Anticipatory Repudiation Results In Forfeiture of Down Payment Constructive Trust Claim Supports Notice of Pendency

Features

SCOTUS to Hear Cases on Limits of Mail and Wire Fraud Statutes Image

SCOTUS to Hear Cases on Limits of Mail and Wire Fraud Statutes

Robert J. Anello & Richard F. Albert

Federal courts long have struggled to define the limits of the mail and wire fraud statutes, laws famously characterized as the prosecutor's true love for their vast breadth and catch-all adaptability. After sidestepping opportunities in the past, the U.S. Supreme Court is now wading into two different and controversial manifestations of that flexibility.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Double Rent Holdover Provision Enforceable; Late Fee Unenforceable As a Penalty Extrinisic Evidence Inadmissible to Vary Terms of Lease Agreement Court Upholds Holdover and Prejudgment Interest Provisions Unsigned Lease Agreement Not Binding

Features

Second Circuit Ruling Offers Ways to Mitigate FCPA Risk Through Corporate Structure Image

Second Circuit Ruling Offers Ways to Mitigate FCPA Risk Through Corporate Structure

Andrey Spektor

Despite the FCPA's breadth and its aggressive enforcement, it has largely escaped judicial scrutiny. Individuals and companies are reluctant to test the bounds of the law and risk federal prison or crippling penalties. But one man has refused to fall in line and has almost single-handedly shaped recent FCPA jurisprudence.

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