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By Efrem Z. Fischer | October 6, 2022
Even with properly drafted written lease agreements, when one party is seeking to get out of the contract, claims of "mistake" will inevitably surface. But what are the limits of these efforts to rescind or reform an agreement based upon mistake?
10 minute read
By Andrew Denney | September 29, 2022
Petitioner, landlord, commenced a licensee holdover proceeding after the tenant of record, Scott Anderson, died and the last renewal lease expired. In…
2 minute read
By Patricia Kane | September 27, 2022
In this week's Realty Law Digest, Scott Mollen discusses "Miyamoto v. Bank of America," where a reverse mortgagor's lawsuit was only partly dismissed, and the court held that the negligence claim can proceed against Bank of America; and "Mitchell v. Jackson," where non-monetary obligations under the lease were held to sufficiently establish consideration.
14 minute read
By Anthony S. Guardino | September 27, 2022
Following a decision in late August by the U.S. Court of Appeals for the Second Circuit, three members of the Shinnecock Indian Nation will have the opportunity to challenge state restrictions on their right to fish in Shinnecock Bay.
9 minute read
By Andrew Denney | September 23, 2022
In her new role, Munonyedi "Mun" Clifford will work with other offices at Legal Aid to look for opportunities to go on the offensive and file lawsuits against "unscrupulous landlords," governmental entities and "bad actors" who get in the way of people obtaining affordable housing.
2 minute read
By Emily Cousins | September 16, 2022
The appellate court agreed that the storm doctrine was irrelevant.
2 minute read
By Sherry Millman and Genna Grossman | September 16, 2022
While there is no clear resolution to the risks imposed to commercial landlords as a result of §502(b)(6), there are avenues to pursue to ensure that the claim cap does not become a claim trap.
8 minute read
By Melea VanOstrand | September 15, 2022
"They're saying, 'I declare that this building is unsafe, everyone has to leave.' In light of what happened with Surfside, it's a tough thing to argue with," said David Winker, who represents the tenants.
4 minute read
By Chad Van Horn | September 14, 2022
To avoid falling into the trap of eviction, follow these basics.
5 minute read
By Scott Mollen | September 13, 2022
Scott Mollen discusses 'West Side Marquis, LLC v. De Jourdan,' where it was held that a newly enacted rent control law supersedes a private agreement between the landlord and tenants; and 'Matter of Obus v. New York State Tax Appeals Tribunal,' where the court held that the petitioners' frequent use of their New York vacation home does not make them state residents.
13 minute read
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