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New York Court Allows J.Crew to Shutter Under Terms of Mall Lease Despite Continuous Operations Provision

July 01, 2020

Malls across America, long suffering even before the rise of COVID-19, are now forced to confront a wave of store closures. Troubled retailers will, without doubt, seek to close their failing mall locations. To stem these efforts, landlords have applied to courts for injunctive relief to force stores to remain open and operating, despite lagging sales, through the enforcement of the "continuous operations provision" found in mall leases.

Real Property Law

July 01, 2020

Insufficient Hostility to Establish Title By Adverse Possession or Prescriptive Easement Adverse Possession Claim Against Governmental Land Upheld When Land Not Held for Governmental Purposes No Preliminary Injunction in Action to Declare Sale Contract Void

Development

July 01, 2020

Despite Proximity, Neighbor Lacked Standing to Challenge Alleged Zoning Violation Neighbors Entitled to Remedy Against Landowner's SLAPP Suit Area Variance Denial Overturned

Eminent Domain Law

July 01, 2020

Condemnation Upheld Despite Benefit to Private Party

Co-ops and Condominiums

July 01, 2020

Sponsor Correctly Calculated Reserve Fund Shareholder Did Not Breach Survival of Closing Affidavit

Landlord & Tenant Law

July 01, 2020

Lease Provision Does Not Bar Conversion Claim for Damages After Issuance of Warrant of Eviction

Landlord's Action Does Not Give Rise to Deceptive Practice Liability

June 01, 2020

Jeffrey Turkel's lead article in last month's issue focused on the Regina Metropolitan case, in which the Court of Appeals invalidated a number of…

Co-ops and Condominiums

June 01, 2020

Condominium Lien Enjoys Priority Over Mortgage Business Judgment Rule Precludes Challenge to Cancellation of Shares

Real Property Law

June 01, 2020

Conditional Payments Do Not Restart Statute Of Limitations On Foreclosure Action Questions of Fact About Purchasers' Good Faith In Making Mortgage Applications Questions of Fact Remain on Implied Easement Claims Presumption of Hostility Supports Adverse Possession Claim Questions of Fact Remain About County's Liability for Fuel Oil Discharge

Development

June 01, 2020

Prohibition of Advertising Sign Upheld Failure to Consider Rezoning Application Not Subject to Judicial Review

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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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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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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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