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CRE Case Roundup: Analysis of Recent Cases In Commercial Leasing

January 01, 2024

Stewart Sterk, Mack Professor of Law at the Cardozo School of Law and Editor-in-Chief of New York Real Estate Law Reporter and Scott Mollen, partner at Herrick Feinstein provide analysis of recent cases regarding commercial real estate.

When Is A Real Estate Instrument Filing Fee An Unauthorized Tax?

December 01, 2023

Litigation pending in the Suffolk County Supreme Court is challenging fees charged for tax map verifications on real estate instruments filed with the county clerk as unauthorized taxes.

Real Property Law

December 01, 2023

Notice of Pendency Improper In Private Nuisance Action Incapacity and Undue Influence Challenge to Deed Fails Authority Entitled to Divert Surface Water Covenant Restricting Landscaping Changes Enforced Failure to Record Does Not Invalidate Deed Against Purchaser Charged With Notice

Eminent Domain Law

December 01, 2023

Attorney's Fee Awarded On Interest Accruing During Appeal

Landlord & Tenant Law

December 01, 2023

Tenant's Summary Judgment Motion Denied In Rent Overcharge Proceeding

Co-ops and Condominiums

December 01, 2023

Summary Judgment Denied In Trespass and Nuisance Claim Against Upstairs Neighbor

Local Law 18: A Change to Short-Term Rentals In New York City

November 01, 2023

On Sept. 5, 2023, the New York City Short-Term Rental Registration Law (Local Law 18) took effect which directly impacts the ability of an individual unit owner to rent his or her apartment on a short-term basis.

Development

November 01, 2023

Contract Vendee Lacks Standing to Challenge Denial of Permit Application Board's Denial of Site Plan Approval Invalidated Inadequate SEQRA Review Requires Denial of Site Plan Approval

Real Property Law

November 01, 2023

Prescriptive Easement Counterclaim Dismissed Implied Easement Claims Rejected Questions of Fact Preclude Summary Judgment on Adverse Possession Claim Broker Failed to Establish Implied Contract Questions of Fact Remained About Whether Encroachment Was De Minimus

Second Circuit Erects Barriers to Due Process When Challenging Permit Denials

October 01, 2023

Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.

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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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