Landlord & Tenant
September 01, 2018
Subletting Rent Stabilized Apartment for Short Periods Is Not a Curable Defect<br>Tenant May Terminate When Landlord Failed to Cure Landmarks Violation<br>Breach and Fraudulent Inducement Claims Survive Motion to Dismiss<br>Late Fees Not Enforceable<br>Subtenants Not Entitled to 30 Day Notice
The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses
September 01, 2018
<b><i>Part One of a Two-Part Article</b></i><p>A simple Web search will unearth countless privately-owned golf courses that have closed, are for sale, or have sought bankruptcy protection as an avenue toward a financial restructuring or redevelopment. However, there are limitations on what the owner of a golf course can accomplish in Chapter 11 when the property is burdened with restrictive covenants limiting the use of the property.
Summary of Developments Under New York's Environmental Quality Act
September 01, 2018
The courts issued 41 decisions in 2017 under the New York State Environmental Quality Review Act, and changes were made to regulations themselves this year. This article summarizes the most important of these cases and regulation changes, and the patterns they represent.
Case Notes
September 01, 2018
Tenant Improvement Does Not Shift Repair Responsibility Away from Landlord<br>Attorney Fees Not Court-Ordered Cannot Be Recouped by Withholding Rent
Landlord & Tenant
August 01, 2018
Unique Circumstances Require Rent Recomputation<br>City Human Rights Law Requires Landlord to Convert Window Into Wheelchair Accessible Entrance<br>“As Is” Clause Does Not Bar Claim That Landlord Intentionally Caused Defective Conditions
Waiving the Right to <i>Yellowstone</i> Injunctive Relief
August 01, 2018
In a case of first impression, and after it decided public policy would not be offended, New York's Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a <i>Yellowstone</i> injunction in <i>159 MP Corp. v. Redbridge Bedford,</i>
The Tax Cuts and Jobs Act and How It Affects Real Estate
August 01, 2018
<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).
Tenant Liability CERCLA Changes Under 2018 BUILD Act
August 01, 2018
One of the significant updates to the law is that now, a tenant at an industrial or manufacturing site can, under appropriate circumstances, claim the “bona fide prospective purchaser” defense to Superfund liability and escape strict, joint, and several owner/operator liabilities when leasing previously-contaminated property.
Case Notes
August 01, 2018
Lease Assignee Can Make Claim that Appears to Concern Only Property's Owners
Thinking Outside of the Big-Box: Understanding License Agreements
July 01, 2018
One critical component to the successful evolution of a shopping center is creating a stronger connection with community through attractions, events and promotions that bring a fresh vibrancy to the centers. These specialty relationships and other short-term relationships are generally memorialized in a license agreement rather than a traditional lease.
