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Covenants That Run with the Land Can Be Waived

May 01, 2019

Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.

Eminent Domain Law

May 01, 2019

No Consequential Damages When State Takes Neighbor's Land

Development

May 01, 2019

Nonconforming Use Not Discontinued Developer's Rico, Estoppel, and Equal Protection Claims Dismissed Denial of Area Variance Overturned

Real Property Law

May 01, 2019

Affirmative Covenant Enforceable Against Successor Developer Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable

Landlord & Tenant

May 01, 2019

Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed Failure of Consideration a Defense In Action Against Tenant's Guarantor

Cooperatives and Condominiums

May 01, 2019

Sponsors Not Entitled to Indemnification for Faulty Construction

Claim of Non-Purchasing Tenant Status Rebuffed

April 01, 2019

When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.

Development

April 01, 2019

Cemetery Entitled to Use Variance ZBA Usurpation of Planning Board Authority Statutory Factors Need to Be Considered In Denial of Area Variance

Eminent Domain

April 01, 2019

Condemnation Award Reduced

Real Property Law

April 01, 2019

Title Insurance Inducements Purchaser's Willful Default/Down Payment Tortious Interference Claim Reinstated Easement Scope Mortgage Acceleration

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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
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The Article 8 Opt In
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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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