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Development

April 01, 2020

Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance

Co-ops and Condominiums

April 01, 2020

Co-op Entitled to Attroneys' Fees

Case Notes

April 01, 2020

Tenant Entitled to Relief from Failure to Timely Exercise Renewal Option Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance

Neighbor Standing to Challenge SEQRA Determinations

March 01, 2020

When does an immediately adjacent neighbor have standing to challenge a SEQRA determination? In Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals, the Court of Appeals made it clear that adjacent neighbors have presumptive standing to challenge zoning determinations.

Neighbor Standing to Challenge SEQRA Determinations

March 01, 2020

When does an immediately adjacent neighbor have standing to challenge a SEQRA determination?

Landlord & Tenant Law

March 01, 2020

Lifetime Leasehold Interest Does Not Exempt Apartment from Rent Stabilization Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence Landlord's Reliance on Representations of Prior Owners Does Not Preclude Finding That Overcharge Was Willful, Resulting In Treble Damages Tenant's Failure to Pay Rent and Other Charges Forfeits Tenant's Right to Renew Questions of Fact Remain About Tenants Liability for Holdover Charges Tenant's Proposed Withdrawal of Application for Loft Board Coverage Void As Against Public Policy

Real Property Law

March 01, 2020

Purchaser Who Did Not Record Until After Notice of Pendency In Foreclosure Action Not Entitled to Intervene Recording of Senior Mortgage Put Junior Mortgagee on Constructive Notice Issues of Fact Preclude Summary Judgment on Easement Claims Purchaser's Claim for Damages Against Dual Agent Broker Survives Summary Judgment Title Insurance Regulations Upheld

Development

March 01, 2020

Lawyer's Signs on Buildings Owned By Corporation Violate Administrative Code

Co-ops and Condominiums

March 01, 2020

Technical Defects Do Not Invalidate Amendments to Condominium Declaration

Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech

February 01, 2020

A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.

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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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