When does a RLUIPA claim become ripe? A federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a "futility exception" to the requirement that a landowner obtain a final decision before proceeding to federal court.
Can a purchaser of a condominium unit at the condominium board's foreclosure sale take free of a prior mortgage by identifying errors or ambiguities in the mortgage documents? In 21647 LLC v. Deutsche National Trust Co., the District Court for the Southern District of New York rejected a bevy of claims raised by the purchaser and held that the purchaser had constructive notice of the mortgage and took subject to the mortgage's priority.
Article 78 Proceeding Not Ripe Even Though ZBA Had Not Made a Decision Within 62-Day Time Limit
Challenge to Landmark Designation Was Ripe and Stated Plausible Taking and Due Process Claims
Landowner Did Not Acquire Vested Rights Based on Invalidly Issued Building Permit
ZBA's Grant of Special Use Permit Upheld
Subtenant's Lease Obligations Not Terminated By Surrender of the Premises
Tenant Complied With Lease's Diligent Efforts Obligation
Court Upholds Holdover and Prejudgment Interest Provisions
Demolition Plans Suffice to Support Denial of Renewal Lease
Foreclosure Sale Purchaser Has Standing to Bring Strict Foreclosure Proceeding
Forgery Allegations Did Not Raise Question of Fact to Rebut Certificate of Acknowledgment
A wave of legislation designed to aid tenants during the COVID-19 pandemic has had an outsized effect on commercial landlord-tenant relations in New York City. The bill that has attracted perhaps the most attention is known as the "Guaranty Law."
Unsigned Lease Agreement Not Binding
Requirement That Tenants Speak English Supports Fair Housing Act Claim
Nonpayment During Pandemic Not Excused By Lease's Casualty Clause
Tenant's Diligent Efforts to Convert Property Satisfied Lease Obligation
No Automatic Entitlement to Special Permit
Adverse Impact on Burial Sites Justified Variance Denial
Area Variance Denial Upheld
Special Permit Grant Reinstated
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.
