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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.
Commercial leases in New York are heavily negotiated documents, and they typically allocate repair and maintenance responsibilities between landlords and tenants with considerable specificity. Landlords are generally responsible for the building's structure, roof, HVAC systems, plumbing, electrical infrastructure, and common areas. Tenants are generally responsible for the interior of their demised space. When a landlord fails to fulfill those obligations -- allowing a roof to leak, an HVAC system to fail, or electrical service to remain dangerously inadequate -- a commercial tenant can face serious consequences: operational disruption, lost revenue, damage to inventory or equipment, and in some cases an inability to use the space at all.
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If you are a commercial tenant in New York who has received a notice to cure a lease default, you may be facing one of the most stressful moments in the life of your business. A notice to cure starts the clock. If you do not cure the alleged default within the time specified -- typically ten to thirty days -- your landlord can serve a notice of termination, and from that point you may be one step away from losing your space. For many businesses, losing a lease means losing everything.
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Unpaid common charges are a persistent challenge for condominium boards across New York. When a unit owner stops paying their monthly maintenance -- whether due to financial hardship, a dispute with the board, or simple indifference -- the burden falls on every other owner in the building. New York law gives condo boards a powerful tool to address this problem: the right to foreclose on a common charge lien. But the process is not as straightforward as it might seem. Here are five things every board should understand before pulling the trigger on a foreclosure action.
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Co-owning commercial real estate can be a sound investment strategy -- until it isn't. Whether your partnership with a co-owner has soured, a co-tenant has stopped contributing to carrying costs, or you simply cannot agree on whether to sell, develop, or refinance a property, you may find yourself wondering: what are my options? In New York, the answer often lies in a partition action.
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Beyond the basics of nonpayment and holdover proceedings, New York commercial lease litigation encompasses a range of more complex doctrines that can dramatically shift the balance of power between landlords and tenants. This post examines three of those doctrines—force majeure, constructive eviction, and implied warranty of fitness—and explains how they play out in modern commercial disputes.
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A commercial lease in New York is among the most heavily negotiated—and most frequently litigated—documents in real estate practice. Unlike residential leases, which are subject to extensive statutory protections for tenants, commercial leases are generally governed by their express terms. That principle cuts both ways: a well-drafted lease can protect a tenant from overreaching landlord conduct; a poorly drafted one can leave a tenant catastrophically exposed.
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Many property co-owners are surprised to learn that a court order directing the sale of jointly owned real estate is not the end of the partition proceeding—it is, in many respects, the beginning of the most consequential phase. Understanding the mechanics of a court-supervised sale is essential for any co-owner navigating a partition action in New York.
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Few property disputes are more disruptive—or more legally complex—than a falling-out between co-owners of real estate. Whether the co-ownership arose through inheritance, a failed business relationship, a dissolved domestic partnership, or a real estate investment gone sideways, New York law provides a powerful remedy: the partition action.
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A Yellowstone injunction is a unique form of relief under New York law that allows a commercial tenant to preserve its lease while disputing an alleged default.
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Partition actions arise when co-owners of real property cannot agree on how to manage, occupy, or dispose of the property. In New York, these actions are governed by RPAPL Article 9 and often result in either a physical division or judicial sale of the property.
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In New York commercial landlord-tenant law, constructive eviction is a powerful—but narrowly applied—doctrine that can excuse a tenant from paying rent when a landlord’s actions substantially interfere with the tenant’s use of the premises.
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New York City’s Local Law 97 (“LL97”), part of the Climate Mobilization Act, represents one of the most aggressive building emissions laws in the country. It directly impacts most buildings over 25,000 square feet and imposes strict greenhouse gas emissions limits beginning with the 2024 compliance period.
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If you own property in New York City, a Department of Buildings (DOB) violation notice is not something to ignore. Whether it's an unpermitted renovation, a complaint from a neighbor, or a routine inspection that turned up issues, DOB violations can lead to fines, liens on your property, and — in serious cases — vacate orders. Knowing how the process works is the first step to dealing with it effectively.
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If you own property in New York City, a Department of Buildings (DOB) violation notice is not something to ignore. Whether it's an unpermitted renovation, a complaint from a neighbor, or a routine inspection that turned up issues, DOB violations can lead to fines, liens on your property, and — in serious cases — vacate orders. Knowing how the process works is the first step to dealing with it effectively.
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Running a business in New York is hard enough without a landlord dispute thrown into the mix. Whether you're a tenant dealing with a landlord who won't make repairs, or a landlord trying to remove a commercial tenant who's stopped paying rent, commercial landlord-tenant disputes can escalate quickly — and the stakes are high.
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Owning real estate with someone else — a sibling, a business partner, an ex-spouse — can be complicated under the best of circumstances. When the relationship breaks down and co-owners can't agree on what to do with the property, New York law provides a powerful legal mechanism: the partition action.
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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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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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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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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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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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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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