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Our Recent Blogs
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Overview of recent developments in New York State and New York City law regarding non‑compete employment agreements:
Introduced January 17, 2025, this bill would prohibit employers from requiring non‑compete covenants for low‑wage employees and mandate employers disclose any such requirement to prospective hires
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Recent Developments in New York Commercial Foreclosure Law
New York’s commercial foreclosure landscape continues to evolve in response to post-pandemic economic pressures, rising interest rates, and legislative reforms aimed at protecting both borrowers and tenants. While residential foreclosure has garnered most of the legislative focus in prior years, several important shifts in commercial foreclosure practice—particularly concerning rent disputes, tenant protections, and enforcement procedure—are now reshaping lender and landlord strategy.
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Understanding Right-of-Way and Easement Lawsuits in New York: Common Disputes and Key Legal Factors
In a state as densely developed and historically subdivided as New York, easements and rights-of-way are common tools that allow one party limited use of another’s land. These interests in land are often created to allow access, utilities, or support across adjacent properties. But disputes over scope, use, maintenance, and interference are frequent and often end up in court. Whether the property is in a rural upstate setting, a suburban Long Island neighborhood, or an urban corner of New York City, easement lawsuits can significantly affect property value and use.
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Navigating License Agreements and Construction Nuisance in New York City: Remedies for Condo and Co-op Owners
In New York City, residential development often occurs in tight quarters, with construction projects regularly abutting existing condominiums and cooperative buildings. When a neighboring property begins construction, the owner may seek a license agreement to access your building or property—for example, to install protective netting or scaffolding. But even with a license agreement in place (or sometimes without one), the dust, noise, and interference from adjacent construction can substantially impair the quiet enjoyment of affected residents—especially when access to a balcony or outdoor space is blocked.
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Navigating the Common Hurdles in a New York Partition and Sale Lawsuit
A lawsuit for a judgment of partition and sale is a common remedy when multiple parties co-own real property and cannot agree on its use, sale, or management. In New York, these lawsuits can be legally straightforward but procedurally and practically complex. Litigants often face a series of hurdles—from proving entitlement and calculating equitable credits to delays in the actual sale. This article outlines the key stages of a partition action in New York, the challenges plaintiffs frequently encounter, and the special rules applicable when spouses jointly own the property as tenants by the entirety.
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Overview: Constitutionality of the Foreclosure Abuse Prevention Act in Van Dyke and Article 13 LLC
Enacted in December 2022, the Foreclosure Abuse Prevention Act (FAPA) was designed to reform New York’s mortgage foreclosure process by closing what legislators saw as abusive loopholes that allowed lenders to avoid the six-year statute of limitations (CPLR § 213[4]) through repeated accelerations and de-accelerations of mortgage loans.counsel representing a tenant in NYC.
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Drafting a Commercial Lease for a Tenant in New York City: Key Considerations
Commercial leasing in New York City is uniquely complex, shaped by a dense regulatory environment, competitive market dynamics, and the highly individualized nature of each space and tenant use. A commercial tenant entering into a lease agreement must take a strategic and protective approach when negotiating and drafting lease terms. Below are the most critical considerations that should guide counsel representing a tenant in NYC.
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Partial Constructive Eviction in Commercial Lease – New York Law
This memorandum addresses the legal standards and relevant considerations for a commercial tenant asserting a partial constructive eviction claim in New York, with emphasis on how courts treat such claims under New York State common law and any distinctive implications under New York City law, including the Administrative Code and implied covenants unique to commercial tenancy within the five boroughs.
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Overview of Rent Stabilization in NYC
Rent stabilization is a form of rent regulation intended to protect tenants from sharp rent increases while allowing landlords a fair return on investment. It applies to about one million apartments in NYC, primarily in buildings constructed before 1974 with six or more units, although some post-1974 buildings are covered due to tax benefits like 421-a or J-51.
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Tenant Harassment Under New York City Law: Legal Overview and Landlord Defense Strategies
Tenant harassment is a serious allegation under New York City law, carrying significant legal consequences for landlords. Chapter 4 of Title 27 of the New York City Administrative Code, specifically §27-2004(a)(48), defines harassment broadly and provides tenants with avenues for recourse.
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Legal article that explains whether a lawsuit is necessary when family members cannot agree on selling jointly owned property in New York:
Certainly! Below is a well-structured legal article that explains whether a lawsuit is necessary when family members cannot agree on selling jointly owned property in New York:
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Resolving a partnership dispute involving real property in New York requires careful attention to both legal and practical considerations.
Resolving a partnership dispute involving real property in New York requires careful attention to both legal and practical considerations. Here are the top five key considerations:
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Legal outline explaining how a commercial tenant in New York City
Here’s a legal outline explaining how a commercial tenant in New York City should respond to a Notice to Cure from their landlord to protect their leasehold interest under New York law. This is intended to guide tenants or counsel through the key legal steps and considerations:
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How to Challenge Building Department Violations in New York: A Legal Overview
Disputes over licenses between adjacent property owners are a common issue in urban and suburban real estate, particularly in densely populated areas like New York.
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Resolving a License Dispute with an Adjacent Property Under New York Law: Key Considerations
Disputes over licenses between adjacent property owners are a common issue in urban and suburban real estate, particularly in densely populated areas like New York.
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Resolving Easement Disputes in New York State: Common Legal Issues and Court Considerations
Easement disputes are a frequent source of litigation in New York State, arising when neighboring property owners clash over the use, scope, or existence of a legal right to use another’s land.
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Top Five Considerations Before Perfecting an Appeal in a Commercial Landlord-Tenant Case to the Appellate Term
Commercial landlord-tenant disputes often move quickly through New York’s lower courts—specifically the Civil Court of the City of New York or the Justice Courts of Nassau, Suffolk, or upstate counties. After a final judgment or order, a party may choose to appeal to the Appellate Term.
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Handling a Mold Dispute in New York Commercial Leases: Constructive Eviction Claims
Mold disputes in commercial lease agreements can be complex, especially when a tenant claims constructive eviction—a legal doctrine that allows a tenant to vacate the premises and cease rent payments due to uninhabitable conditions. In New York, both landlords and tenants must carefully navigate the legal framework governing mold-related issues.
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Overview of Condominium Lien Foreclosure
In New York, the foreclosure of a condominium lien is governed primarily by the Condominium Act (N.Y. Real Property Law Article 9-B) and the Real Property Actions and Proceedings Law (RPAPL). Below is an overview of the foreclosure process and some key defenses that a unit owner might assert.
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Credits Available to Co-Owners in a New York Partition and Sale Action
In a New York partition and sale action, co-owners of real property often dispute how the proceeds from the sale should be distributed. While the default rule is that proceeds are divided based on ownership interests, co-owners may be entitled to credits that adjust their final share. These credits can include contributions toward property expenses, improvements, and exclusive use of the property.
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Resolving Fence Disputes Between Property Owners in New York: Five Key Considerationsv
Disputes over fences between neighboring property owners can be contentious and complex, especially in a state like New York, where property laws vary between municipalities.
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Is a Yellowstone Injunction Available for Residential Properties Under New York Law?
A Yellowstone injunction is a legal tool used by commercial tenants in New York to prevent their landlord from terminating a lease due to an alleged default.
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Top 5 Considerations When Foreclosing a Condominium Lien in New York
In New York, condominium associations have the right to place a lien on a unit when an owner fails to pay common charges, assessments, or other fees. If the lien remains unpaid, the association can foreclose on it, much like a mortgage foreclosure.
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Use of Discovery Tools in Contested New York Foreclosure Cases
In hotly contested foreclosure cases in New York, the strategic use of discovery tools—such as depositions, interrogatories, and demands for production of documents—is critical in shaping the litigation and uncovering key facts.
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License Agreements for Construction on an Adjacent Lot in New York: Legal Provisions and Protections
In New York, construction projects often require access to or temporary use of an adjacent property, particularly in dense urban environments. This is typically formalized through a license agreement, which grants temporary permission for construction-related activities such as scaffolding, underpinning, or staging materials.
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What to Do When Your Commercial Landlord Tries to Enforce an Early Termination Clause in New York
When a commercial landlord in New York fails to maintain a leased space, tenants may have legal remedies, including an action for declaratory judgment and a claim of constructive eviction.
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Declaratory Judgment and Constructive Eviction: Remedies for Commercial Tenants in New York
When a commercial landlord in New York fails to maintain a leased space, tenants may have legal remedies, including an action for declaratory judgment and a claim of constructive eviction.
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Considerations When Negotiating Repayment of Rent Arrears with Your Commercial Landlord in New York
When a commercial tenant in New York falls behind on rent, negotiating a repayment plan with the landlord can help avoid litigation, eviction, and business disruption. However, these negotiations require careful planning to protect the tenant’s financial and legal interests.
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When a Family Member Refuses to Vacate; Relevant Considerations in New York
Evicting a family member from a home in New York presents unique legal challenges, particularly when deciding between a summary proceeding for eviction in Housing Court or a Supreme Court action for ejectment. While summary proceedings offer a faster resolution, they are not always available in family disputes, leading many litigants to pursue an ejectment action in Supreme Court.
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How to Appeal a Landlord-Tenant Verdict in New York City Civil Court or Long Island District Court
Navigating a landlord-tenant dispute can be a complex process, and receiving an unfavorable verdict in court can feel overwhelming. However, tenants and landlords in New York City Civil Court or Long Island District Court have the right to appeal such decisions. Below, we explore the procedures for appealing a residential or commercial landlord-tenant verdict, highlighting the critical steps, timelines, and requirements to ensure your appeal is properly filed and considered.
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Overview of Negotiating an Easement Agreement for Beach or Park Access Under New York Law
Easement agreements are essential when you need access to another property to maintain direct use of a beach, park, or similar recreational area. Under New York law, such agreements create a legal right to use or cross adjacent land for a specific purpose while ensuring the property owner’s rights are respected. Here’s an overview of how to negotiate an easement effectively:
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Top 5 Tips for Negotiating a License Agreement with an Adjacent Commercial Building in New York City
When negotiating a license agreement with an adjacent commercial building in New York City—whether for access, construction staging, or shared use of space—it’s essential to approach the process with preparation and clear objectives. Here are five key tips to guide your negotiations:
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Navigating a Dispute with Your Condo Association in New York: A Guide to Defense and Advocacy
Condominium living often offers convenience and community, but disputes with condo associations can arise, especially when it comes to alleged noncompliance with bylaws or the imposition of fines. In New York, these disputes can escalate to litigation, particularly when claims of discriminatory action or the association’s failure to comply with its own rules are involved. Here’s a comprehensive guide on how to navigate such conflicts, prepare your defense, or assert your rights.
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Protecting Your Leasehold: Understanding Yellowstone Injunctions in New York
Commercial tenants in New York often face challenges when a landlord threatens to cancel their lease, citing an alleged default. In such cases, tenants may seek a Yellowstone injunction, a legal remedy unique to New York, to maintain their lease while addressing the landlord’s claims.
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