Reuben Ortenberg – Woods Oviatt Gilman, LLP

Def's reliance on signed contract...

Actions may speak louder than unsigned contracts enough to defeat summary...

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

| Civil Remedies, Commercial Law & Contracts, Real Estate - Commercial
Tenant entitled to terminate lease...

App. Div. 3d Dep't reverses ruling that RE tax payment obligation is not basis...

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

| Civil Remedies, Commercial Law & Contracts, Real Estate - Commercial
App. Div. 1st Dep't reverses grant of...

Purpose of Yellowstone injunction is to preserve status quo, not to decide...

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

| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Real Estate...
Town Board was wrong to impose Special...

Conditions on site plan approval must relate only to use of the property and...

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

| Administrative Law, Civil Remedies, Real Estate - Commercial, Zoning,...
Existing lease and broker agreement...

Agent for disclosed corporate principal not personally liable for broker...

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

| Commercial Law & Contracts, Real Estate - Commercial
Landlord bears cost of latent...

Strict ruling on Landlord responsibility for latent structural defects not...

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

| Commercial Law & Contracts, Construction Law, Real Estate - Commercial
What is the measure of damages caused...

Architect, negligent on zoning opinion, not liable for cost of making property...

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

| Business Torts, Civil Remedies, Commercial Law & Contracts, Real Estate...
ZBA meeting minutes filed 6.10, not...

Filing of minutes of ZBA triggers art. 78 statute of limitations, not Decision...

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

| Civil Procedure, Civil Remedies, Environmental Law, Real Estate -...
Loss of good will held enough to...

Strict rule softened in case where late notice of lease renewal excused

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

| Civil Remedies, Commercial Law & Contracts, Real Estate - Commercial
Landlord which accepts rent for first...

Landlord waited too long and collected rent for too long to claim that 99 year...

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

| Civil Remedies, Commercial Law & Contracts, Real Estate - Commercial
Landlord which accepts rent for first...

Landlord waited too long and collected rent for too long to claim that 99 year...

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

| Civil Remedies, Commercial Law & Contracts, Real Estate - Commercial
Generalized unsupported public...

Planning board decision based on unsupported public opposition overturned,...

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

| Civil Remedies, Real Estate - Commercial, Zoning, Planning & Land Use
SEQRA reviewing court must use...

Issues for court in SEQRA review: Were potential adverse impacts ID'd? Was...

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

| Civil Procedure, Civil Remedies, Environmental Law, Real Estate -...
Bldng permit issued in error can be...

Reliance on invalid permit and expenditures reduces harsh remedy on revocation...

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

| Civil Remedies, Real Estate - Commercial, Real Estate - Residential,...
Cure period for commercial lease...

LL was wrong to count cure period from date estoppel certificate was demanded...

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

| Civil Remedies, Commercial Law & Contracts, Real Estate - Commercial

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