Def's reliance on signed contract...
Plaintiff and defendant agreed to terms of a purchase by plaintiff from defendant of two commercial mortgages. Various emails establish an agreed price of $2,200,000, a down payment of $220,000, communications between counsel…more
Tenant entitled to terminate lease...
A commercial lease provided that the landlord was to pay real estate taxes. The provision was included in a section of the lease which listed the landlord's obligations under the lease. The lease also provided that upon breach…more
App. Div. 1st Dep't reverses grant of...
Commercial landlord sought access through tenant's space in order to install an elevator shaft which it claimed was required for compliance with the Americans with Disabilities Act ("ADA"). However, the notice sent to landlord…more
Town Board was wrong to impose Special...
Petitioners owned land on which they operated a motor vehicle sales and service business. They bought an adjacent parcel of vacant land for the purpose of expanding their business. Both properties were zoned "Commercial C: Heavy…more
Existing lease and broker agreement...
Plaintiff, a real estate brokerage firm, sought brokerage commissions from a corporate lessee and its disclosed individual agents, for services allegedly rendered in a commercial lease transaction. The court below granted a…more
Landlord bears cost of latent...
Landlord and tenant entered into a lease of commercial space. Tenant took space “as is” and intended to do alteration work to suit its needs. The lease provided that the landlord would not be required to perform any work to…more
What is the measure of damages caused...
Plaintiff Developer hired defendant architect for advice, among other things, regarding the zoning requirements and restrictions on a certain property in Manhattan. The architect advised that the developer would be permitted to…more
ZBA meeting minutes filed 6.10, not...
After area variances were granted by the Zoning Board of Appeals in connection with the construction of a new hotel, minutes of the meeting were filed on June 10, 2010. The minutes contained a recitation of the decision and of…more
Loss of good will held enough to...
A commercial tenant in Manhattan failed by a few days to give written notice of its intention to renew a lease under which it had been occupying prime property for over fifteen years. The late notice was back-dated, but no claim…more
Landlord which accepts rent for first...
Plaintiff, a Not-For-Profit corporation, in order to save its property from foreclosure, entered into a ninety-nine year commercial lease with the defendant in consideration of an up front payment of $30,000 (which was used…more
Landlord which accepts rent for first...
Plaintiff, a Not-For-Profit corporation, in order to save its property from foreclosure, entered into a ninety-nine year commercial lease with the defendant in consideration of an up front payment of $30,000 (which was used…more
Generalized unsupported public...
A devloper sought a special permit for an affordable housing project of 48 units in an area permitting the use by special permit. The issue of water runoff was fond to have been adequately addressed by the lead agency in the…more
SEQRA reviewing court must use...
The proposed rezoning of an area of approximately 128 blocks in Brooklyn was reviewed environmentally under the State Environmental Quality Review Act (SEQRA) and New York City Environmental Quality Review (CEQR)by the…more
Bldng permit issued in error can be...
A Village issued a building permit in error. The property owner cuased construction work to be performed in reliance on the erroneously issued permit. After discovery of the error, the Village revoled the permit, issued a…more
Cure period for commercial lease...
Plaintiff. a commercial tenant, was asked by its landlord to produce an estoppel certificate, but failed to do so. The landlord competed a sale of the property to the defendant. After the sale, defendant new landlord served the…more
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