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As a business owner, you have a lot on your plate, and you deserve to have a law firm that will represent your interests at every turn.
Learn MoreWe protect businesses in litigation, obtaining emergency “Yellowstone” injunctions, lease negotiations, eviction defense.
Learn MoreHere in Long Island, residential living is a blend of peaceful coexistence and, unfortunately, sometimes, legal disputes.
Learn MoreWe handle real estate litigation on behalf of residential and commercial property owners, mortgagees, businesses, and investors.
Learn MoreWe represents individuals, business, and lenders in transactional real estate closings for both commercial and residential properties.
Learn MoreIf you own a property with one or more co-owners, you may encounter situations where you disagree on how to use, manage, or sell the property.
Learn MoreYour attorneys must be ready to thoughtfully evaluate the merits of an appeal where the trial court doesn’t get it right.
Learn MoreOur attorneys have extensive experience handling fiercely contested foreclosures and utilize a forward-thinking approach to a constantly changing area of law.
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2 weeks ago
If you’re seeking to retain counsel, look no further. The attorneys and staff at David A. Gallo and Associates are some of the finest people I’ve ever known. They are great Attorney’s, that’s a given. But, they are also really fine human beings. They care about your case, your situation and you personally and they will fight for you to receive everything you are entitled to. I highly recommend this firm and hope you’ll set a meeting to find out for yourself just how great they are.
a week ago
Robert Link is a tremendous lawyer. He has helped me on many legal issues and is a real professional. I recommend him very highly. He is really knowledgeable and responsive.
2 weeks ag
I send referrals to this firm regularly and always find their attorneys and staff to be thorough and prompt. Definitely would recommend for L/T work.
7 months ago
My experience with David A. Gallo & Associates has been excellent. Professional representation in several different areas have helped my company through difficult times. Mr. Gallo’s firm has been responsive and their fee structure is quite reasonable. Which is quite unusual in this day and age. First Rate.
7 months ago
DAVID GALLO and the DAG TEAM have been successfully. handling all of our LANDLORD/ TENANT Legal matters for several years now. Their Experience and Knowledge in all phases of the LANDLORD /TENANT Legal process, has proven to be the key to handling these delicate matters successfully.
7 months ago
David is an amazing lawyer has patience to listen to your problems and find a way to solve them! I recommend this office to anyone !!! Anyone is in good hands with this firm.
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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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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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 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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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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