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Our Recent Blogs
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What Is a Constructive Trust — And Why It Might Be Your Best Legal Tool
If someone has taken property or money that rightfully belongs to you — but there's no written contract to point to — you might feel like you're out of options. You're not. New York courts recognize a powerful equitable remedy called a constructive trust, and it can be a game-changer in the right circumstances.
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What to Ask Your Real Estate Litigation Attorney
When facing a real estate dispute, selecting counsel with relevant experience is an important early decision. Asking targeted questions can help clarify expectations and strategy.
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Easement Rights and Disputes: A Guide for New York Property Owners
Easements create a legal right to use another person’s land for a specific purpose. In New York, easement disputes frequently arise between neighboring property owners and can significantly affect property value and use.
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How Commercial Landlord–Tenant Disputes Are Resolved in NYC
Commercial landlord–tenant disputes in New York City are governed primarily by the terms of the lease agreement, supplemented by state statutes and common law principles. Unlike residential tenancies, commercial tenants are not protected by rent regulation or many consumer-oriented statutes, making lease language particularly significant.
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What Is a Partition Action in New York?
A partition action is a legal proceeding under Article 9 of the New York Real Property Actions and Proceedings Law (RPAPL) that allows co-owners of real property to sever their shared ownership when they cannot agree on the use, management, or disposition of the property.
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Before Foreclosing a Commercial Mortgage in New York: Key Considerations and the Role of a Receiver
In New York landlord–tenant law, a Yellowstone injunction is a well-established equitable remedy primarily used in commercial lease disputes. It allows a tenant to maintain possession of premises and compel a landlord to perform non-monetary obligations (typically repairs or maintenance) while a lawsuit over the landlord’s alleged default is pending, without being evicted for nonpayment of rent during that time. But what about residential disputes — can a residential tenant seek a Yellowstone injunction? The short answer is: sometimes — but the circumstances are limited and the doctrine applies differently than in the commercial context.
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Are Yellowstone Injunctions Available in New York Residential Disputes?
In New York landlord–tenant law, a Yellowstone injunction is a well-established equitable remedy primarily used in commercial lease disputes. It allows a tenant to maintain possession of premises and compel a landlord to perform non-monetary obligations (typically repairs or maintenance) while a lawsuit over the landlord’s alleged default is pending, without being evicted for nonpayment of rent during that time. But what about residential disputes — can a residential tenant seek a Yellowstone injunction? The short answer is: sometimes — but the circumstances are limited and the doctrine applies differently than in the commercial context.
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Negotiating a Commercial Property License Agreement Amid Adjacent Construction: Key Considerations in New York
Commercial property owners and tenants frequently encounter situations where adjacent construction — whether by a neighbor, affiliate, landlord, or developer — impacts use and enjoyment of their property. One common solution is a license agreement permitting temporary access or use of adjacent property. But negotiating such a license requires careful attention to contractual, legal, and practical issues to avoid disputes and ensure adequate compensation and protection.
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Commercial Landlord–Tenant Law in New York: Early Termination and Defense Strategies
Commercial leases in New York are governed primarily by contract principles and the written terms of the lease, as opposed to residential leases which are subject to more statutory consumer protections. One of the most significant risks for a business tenant is a landlord’s contractual right to terminate the lease early upon certain events — most commonly, a demolition, redevelopment, or landmark designation provision.
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Recent developments in easement & right-of-way disputes under New York law — a practical guide
Easement and right-of-way disputes remain some of the most common — and fact-intensive — property fights in New York. Over the last two years New York courts have continued to refine long-standing doctrines (express, implied, necessity, and prescriptive easements) and to highlight several practical points: courts will closely parse the factual record, they are careful to distinguish prescriptive easements from adverse possession, and they are reluctant to create easements based on convenience (for example, for mere parking). Below I summarize the governing law, highlight recent appellate decisions and trends (2023–2025), and offer practical takeaways for owners, litigators, surveyors, and title counsel.
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