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NY Appellate Courts Defer to Board of Standards In Zoning Cases

October 01, 2021

A recent case in New York's First Department highlights the extreme deference appellate courts accord Board of Standards and Appeals (BSA) determinations interpreting the extraordinarily complex zoning scheme.

COVID-19 and Lease Negotiations: Casualty Provisions

October 01, 2021

First in series of articles that will examine specific aspects of the COVID shift in which commercial lease negotiations are seeking protection against unlikely events. Part 1 focuses on casualty provisions.

Landlord & Tenant Law

October 01, 2021

Yellowstone Injunction Denied for Failure to Move on Time

While Economy Recovers, Commercial Real Estate May Be Due for a Correction

October 01, 2021

Before investors get too carried away by the news of recovery in commercial real estate, they should pause to ask themselves, "what are we recovering from?"

Co-ops and Condominiums

October 01, 2021

Residential Owners Have Claim for Inadequate Quality of Hotel Unit

Migrating Businesses Help Grow South Florida CRE Market Despite, and Because of, the Pandemic

October 01, 2021

The South Florida office market has seen a shift due to COVID, with some downsizing and modifications of office buildings, but the influx of new potential tenants has helped mitigate any potential downsides other markets may have seen.

Landlord & Tenant Law

September 01, 2021

Tenant Did Not Establish Fraud to Warrant Application of DHCR's Default Formula Four-Year Lookback Rule Applied to Rent Determinations But Not to Determination of Rent-Stabilized Status Tenant's Impossibility and Frustration of Purpose Defenses Rejected Tenant's Frustration of Purpose Claim Survives Neutral Appraiser Entitled to Examine Previous Appraisals

Say it Ain't So! Tortious Interference with a Sublease By a Master Landlord

September 01, 2021

A South Carolina appellate court recently affirmed a trial court's decision that a landlord had tortiously interfered with a sublease by terminating the master lease after a fire damaged the subject building and such landlord was liable to the subtenant for punitive damages.

Biometric Law Litigation Expands Beyond Social Media

September 01, 2021

Social media has played an oversized role in lawsuits under state and local biometric privacy laws. Now, a New York City law that took effect in July is likely to significantly expand the range of biometric-related litigation beyond social media companies to a new group of defendants: retail stores, places of entertainment, and food and drink establishments.

Second Circuit Expands Federal Class Actions for Mortgagors

September 01, 2021

The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.

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Strategy vs. Tactics: Two Sides of a Difficult Coin
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.
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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
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Fresh Filings
Notable recent court filings in entertainment law.
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CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
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The Article 8 Opt In
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.
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