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April 01, 2024

Partial Constructive Eviction Defense Recognized Condition Precedent to Sub-Sublease Not Satisfied Guaranty Law Does Not Bar Liquidated Damages Claim Penalty for Improper Conversion of Residential Building Force Majeure Clause Reduces Pandemic-Era Rent

Real Property Law

April 01, 2024

Contract Language Does Not Bar Purchaser's Recovery of Prejudgment Interest

Co-ops and Condominiums

April 01, 2024

Housing Discrimination Claim Dismissed Co-Op Did Not Breach Shareholder's Guaranty Agreement Co-Op Not Exempt from Lead Paint Mandate

Law Firm Offices Continued to Shrink In 2023, But Real Estate Costs Did Not

April 01, 2024

Despite the overall trend of downsizing, about 42% of the 80 Am Law 200 firms increased their real estate footprints in 2023. Proportionally, the downsizing was more aggressive than the footprint growth.

Guarantor Liability for Post-Window-Period Rent

March 01, 2024

In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.

Co-ops and Condominiums

March 01, 2024

Foreclosure on Lien for Common Charges Not Dismissed Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure

Landlord & Tenant Law

March 01, 2024

Illegality Defense Raises Questions of Fact Good Guy Guaranty Not Released Exchange of Texts Does Not Constitute Settlement Agreement Landlord's Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal

Development

March 01, 2024

Boathouse Not an Impermissible Second Dwelling Reduction In Size Did Not Alter Nonconforming Use Status Local Ordinance Did Not Prohibit Short-Term Rentals

Real Property Law

March 01, 2024

No Adverse Possession Because Possessor Had No Reasonable Basis for Belief Quiet Title Claim Dismissed When Claimant's Deed Was the Product of Scrivener's Error Action to Remove Cloud On Title Not Barred By Statute of Limitations Obstruction of View Not a Nuisance Unrecorded Easement Binding On Servient Owner With Actual Notice Nominal Damages Available for De Minimis Encroachment

The Stranger to the Deed Rule

February 01, 2024

In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.

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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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Considerations When Entering Into a Tolling Agreement
Defense counsel in complex white-collar investigations are often asked to waive these important protections by entering into tolling agreements, stopping the clock on the statute of limitations at issue. Whether such an agreement is actually in a target or subject's best interest presents a difficult question, and COVID-19 has impacted the calculus.
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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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