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Development

New York Real Estate Law Reporter Staff

Constitutionality of Boarding House Definition Town's Use of Escrow Funds Upheld Planning Board Failed to Consider Public Safety Issue Denial of Special Permit Upheld Due to Traffic Concerns Questions of Fact About Whether Agreement Included Acquisition of Air Rights Zoning Amendment Not Arbitrary Even If It Would Authorize Uses Prohibited By Restrictive Covenants

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable recent court filings in entertainment law.

Features

$8.6M Settlement In Florida Serves As Cautionary Tale for Commercial Real Estate Image

$8.6M Settlement In Florida Serves As Cautionary Tale for Commercial Real Estate

Michael A. Mora

"What's going to happen with affordable housing is that people are going to be living under the radar, trying to get under the leases and do not live there, and apartment owners need to be aware of that because they could be liable for that."

Features

What Happens When Nondischargeable Student Loan Is Later Determined to Be Dischargeable? Image

What Happens When Nondischargeable Student Loan Is Later Determined to Be Dischargeable?

Lawrence J. Kotler & Drew S. McGehrin

The U.S. Bankruptcy appellate panel for the Ninth Circuit addressed a matter of first impression: what happens when a debt that may be considered nondischargeable is later determined to be dischargeable, and more importantly, whether efforts to collect such a debt be exempt from penalties for violating the discharge injunction?

Features

Delaware Bankruptcy Judge Orders Fee Examiners for 'Larger Chapter 11 Cases' Image

Delaware Bankruptcy Judge Orders Fee Examiners for 'Larger Chapter 11 Cases'

Dan Roe

A rise in bankruptcies involving fraud and mass tort litigation is causing more bankruptcy lawyers to face scrutiny over their billing practices.

Features

Delaware District Court Could Guide Supreme Court Purdue Pharma Decision Image

Delaware District Court Could Guide Supreme Court Purdue Pharma Decision

Michael L. Cook

A bankruptcy court properly held that derivative claims based on "piercing the corporate veil theory of liability [were] released under" a confirmed reorganization plan, but that direct "claims for negligent undertaking" were not released and "could be asserted" in state court against the debtors' equity sponsors.

Features

Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor Image

Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor

Andrew C. Kassner & Joseph N. Argentina Jr.

A big issue in real estate and retail bankruptcies, among others, involves the disposition of commercial real estate leases, given the potential magnitude of landlord damage claims under state law resulting from a tenant's default under a long-term lease.

Features

When Is A Pretext By A Municipality A Bar To Land Use Approvals? Image

When Is A Pretext By A Municipality A Bar To Land Use Approvals?

Steven M. Silverberg

Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.

Features

Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals? Image

Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?

Steven M. Silverberg

Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.

Columns & Departments

Co-Ops and Condominiums Image

Co-Ops and Condominiums

New York Real Estate Law Reporter Staff

Housing Discrimination Claim Dismissed Co-Op Did Not Breach Shareholder's Guaranty Agreement Co-Op Not Exempt from Lead Paint Mandate

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