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We found 1,579 results for "New York Real Estate Law Reporter"...

Law Firm Offices Continued to Shrink In 2023, But Real Estate Costs Did Not
April 01, 2024
Despite the overall trend of downsizing, about 42% of the 80 Am Law 200 firms increased their real estate footprints in 2023. Proportionally, the downsizing was more aggressive than the footprint growth.
Guarantor Liability for Post-Window-Period Rent
March 01, 2024
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
Co-ops and Condominiums
March 01, 2024
Foreclosure on Lien for Common Charges Not Dismissed Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure
Landlord & Tenant Law
March 01, 2024
Illegality Defense Raises Questions of Fact Good Guy Guaranty Not Released Exchange of Texts Does Not Constitute Settlement Agreement Landlord's Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal
Development
March 01, 2024
Boathouse Not an Impermissible Second Dwelling Reduction In Size Did Not Alter Nonconforming Use Status Local Ordinance Did Not Prohibit Short-Term Rentals
Real Property Law
March 01, 2024
No Adverse Possession Because Possessor Had No Reasonable Basis for Belief Quiet Title Claim Dismissed When Claimant's Deed Was the Product of Scrivener's Error Action to Remove Cloud On Title Not Barred By Statute of Limitations Obstruction of View Not a Nuisance Unrecorded Easement Binding On Servient Owner With Actual Notice Nominal Damages Available for De Minimis Encroachment
The Stranger to the Deed Rule
February 01, 2024
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Real Property Law
February 01, 2024
Developer Has Obligation to Protect Neighboring Structures Even If They Do Not Abut Developer's Parcel Attorney's Fees May Be Available to Neighbor Who Negotiates License for the Purpose of New Construction Abuse of Power of Attorney Renders Deeds Invalid
Landlord & Tenant Law
February 01, 2024
No Wrongful Eviction Even Though Judgment of Eviction Was Reversed on Appeal No Vested Right In MCI Increases Executive Order 202.8 Does Not Apply to Tenant Who Voluntarily Vacated
Co-ops and Condominiums
February 01, 2024
Questions of Fact Preclude Summary Judgment on Unit Owner's Right to Exclusive Use of Outdoor Space Condominium Election Inconsistent With Bylaws Challenge to Rental Restrictions Dismissed As Time-Barred

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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