This article is a “must read” for anyone looking to purchase commercial real estate in New York, or anywhere else […]
This article is a “must read” for anyone looking to purchase commercial real estate in New York, or anywhere else […]
In a recent decision, the New York State Appellate Division, Second Department affirmed the Zoning Board of Appeals’ denial of […]
Over the years we have encountered many New York homeowners who have become “bogged down” with swimming pool issues. Whether […]
In the Wizard of Oz, Dorothy is tasked with overcoming numerous obstacles on the Yellow Brick Road on her quest […]
New York landowners may consider encumbering their land with a Conservation Easement to reduce their tax liability. However, as detailed […]
Here are a few quick tips that can help the listing agent ensure a smooth closing when the Seller is […]
Security Deposit “Burnoff”: In a situation where the landlord requires a large security deposit, some brokers are successful in negotiating […]
An experienced listing agent understands how much work is required simply to have the MLS listing go live. Information gathering, […]
For many people, 2022 yielded a new “normal.” While dreaded pandemic lock downs fortunately did not recur, many businesses grappled […]
Having closed hundreds of commercial leases over the years, we have reviewed many Letters of Intent (LOI) from many brokers […]
In New York, most closing dates are fungible. The contract will typically state that the closing shall occur “on or […]
We periodically receive inquiries from prospective purchasers asking whether and how they can improve a property. In a perfect world, […]
Post-closing possession agreements seem to be more popular than ever. The agreements offer the Seller flexibility to relocate and allow […]
David Hall, Esq., attended the March 2022 Westchester County Bar Association Cannabis Committee meeting. The Committee has been actively working […]
Since the COVID-19 pandemic began, commercial Landlords and Tenants have brainstormed ways to address the risk of future government shutdowns […]
Due in large part to high demand and low inventory, the residential real estate market in New York remains extremely […]
On February 22, 2022, Governor Kathy Hochul signed legislation creating a new Conditional Adult-use Cannabis Cultivator license. This new license […]
Every commercial lease agreement is different. In many commercial leases, the Tenant has the right to “assign” the lease or […]
A lease surrender agreement applies when a Tenant vacates the Premises prior to the expiration of the term. This may […]
In most commercial leases, Tenants are required to deliver a security deposit to the Landlord. The amount of the security […]
It is now commonplace for a commercial lease to contain language that allows for electronically transmitted signatures and DocuSign signatures. […]
A “SNDA” is an abbreviation for Subordination Nondisturbance and Attornment Agreement. At its core, the Tenant agrees to subordinate the […]
Environmental issues are addressed in commercial leases in a number of ways. First, most leases will prohibit the Tenant from […]
Most commercial leases include an indemnity clause whereby the Tenant indemnifies the Landlord for any claims arising out of the […]
Most commercial leases will require the Tenant to maintain certain insurance coverage with specified minimum limits. At a minimum, the […]
A commercial lease will often flesh out the details concerning Landlord’s Work, Tenant’s Work and Tenant Improvement Allowance. Landlord’s Work […]
A relocation clause in a commercial lease allows the Landlord to relocate the Tenant to another Premises in the same […]
A “demolition clause” in a commercial lease is a clause that allows the Landlord to cancel the lease in order […]
Some commercial Landlords may offer a right of first refusal to an anchor Tenant. A right of first refusal is […]
Some commercial tenants will negotiate for an exclusive use where there are other tenants in the same building. For example, […]
In many Commercial Leases, Tenants are responsible for paying their proportionate share of Common Area Maintenance, often abbreviated as “CAM.” […]
It depends. In many office leases, electric is built into the rent. For example, a Tenant may pay base rent […]
Each lease is structured differently. Some leases have a fixed term, such as five years. Other leases may have an […]
In some lease agreements, the Tenant agrees to pay base rent plus additional rent. Additional rent may include taxes, insurance, […]
Some commercial Landlords will offer “free rent” to a Tenant on a long-term deal. The “free rent period” usually occurs […]
The rent commencement date may or may not align with the commencement date in a commercial lease. In some cases, […]
While the lease commencement date is often a simple matter, in some cases, it may be more complicated. For example, […]
If the Tenant is a business entity, most landlords will require some form of personal guaranty. Without a personal guaranty, […]
Many Landlords will form a special purpose business entity to own the Building. The business entity may be used for […]
There are many different types of commercial leases. A “triple net” lease means that the Landlord’s taxes, common area maintenance […]
At its core, a commercial lease is an agreement whereby the owner of real property grants a leasehold estate to […]
Thank you for reading “Commercial Leasing for Non-Lawyers,” a Blog Series on Commercial Leasing. This series of short articles, or […]
On November 17, 2021, the Town of North Castle in Westchester County, New York adopted a new local law governing […]
Michael Altshuler once said, “The bad news is time flies. The good news is you’re the pilot.” The New Year […]
Established in 2012, Betensky Law PLLC is known for its results oriented, client-centered approach. The firm started in a small […]
Although every deal is different, most residential deals close between 60-90 days after the Contract is signed. This allows the […]
In New York, the Seller’s attorney typically drafts the Contract of Sale and includes additional provisions in the Seller’s Rider. […]
While it is possible in many cases to close title to residential property remotely, the custom in New York is […]
The parties’ respective attorneys will generally give them instructions on what to bring to the closing. These items will typically […]
Yes. It is commonplace for the parties to a residential Contract of Sale to sign remotely and transmit their signatures […]
Radon is a naturally occurring gas that can be harmful to humans. If a Purchaser chooses to test a home […]
In Westchester County, New York, many residential properties draw drinking water from the ground, as opposed to a public water […]
Under New York State law, residential sellers disclose to purchasers that a residential dwelling constructed prior to 1978 may contain […]
Paragraph 27 of the standard Residential Contract of Sale states the names of the brokers and further states that “Seller […]
Under paragraph 26 of the standard Residential Contract of Sale, the Purchaser may not assign the Contract without Seller’s consent. […]
A “default” occurs when a party to a contract does not perform its obligations. When one party defaults, the other […]
Paragraph 18 of the standard residential Contract of Sale states that the parties shall apportion certain items such as fuel, […]
In New York, when a property is sold, the deed must be recorded and transfer taxes must be paid. The […]
Paragraph 16 of the standard residential Contract of Sale states that “This contract and Purchaser’s obligation to purchase the Premises […]
In New York, the Contract of Sale will typically state that the closing shall occur “on or about” a specified […]
Paragraph 14 of the standard form of Residential Contract of Sale in New York states as follows: “Closing” means the […]
In New York, “title” to the real estate describes the property’s pedigree. For example, the vesting deed, any mortgage, utility […]
Paragraph 12 of the standard form of Residential Contract of Sale in New York states as follows: “Purchaser acknowledges and […]
Depending on the contract, the downpayment on a residential contract of sale in New York be in the form of […]
In New York, a residential contract of sale can be signed electronically. For example, the signature can be transmitted via […]
In the standard form of Residential Contract of Sale in New York the Seller will typically make the following representations: […]
While in most cases, a residential purchaser is not required to obtain a new boundary survey in New York, it […]
Generally speaking, in a Residential Contract of Sale in New York, the Seller will be responsible for delivering the property […]
In a Residential Contract of Sale in New York, Purchasers typically purchase property subject to the following “permitted exceptions”: (a) […]
Perhaps one of the most important and yet least understood paragraphs in the standard form of Residential Contract of Sale […]
In New York, purchasers typically deliver a 10% downpayment at contract signing. The balance is paid at closing. In some […]
The second paragraph of the standard form of Residential Contract of Sale in New York states as follows “This sale […]
The first paragraph of the standard form of Residential Contract of Sale in New York defines the real property being […]
An often overlooked but very important aspect of a residential contract of sale is the name of the parties. The […]
Thank you for reading “From Contract to Closing; Demystifying NY Residential Real Estate.” This series of short articles, or blogs, […]
At the October, 2021 meeting of the Westchester County Bar Association’s Cannabis Committee, David Hall Esq. engaged in a detailed discussion of new common law, regulations and statutes surrounding the […]
Some savvy real estate investors purchase vacant land, construct homes on the lot(s) and sell them for a profit. Here […]
Governor Kathy Hochul has nominated Chris Alexander for Executive Director of the Office of Cannabis Management. Mr. Alexander served as […]
While New York has legalized cannabis, the State has yet to issue rules and regulations detailing the process and criteria […]
When purchasing improved property in New York, buyers often inquire about a Certificate of Occupancy (“CO”) or the lack hereof. […]
Some of the most frequent questions clients ask are related to Guarantees. Commercial Landlords want to know what their recourse […]
The New York Marijuana Regulation and Taxation Act (“MRTA”) will no doubt have direct and indirect impacts on all New […]
Benjamin Franklin once wrote “Our new Constitution is now established, and has an appearance that promises permanency; but in this […]
Now that adult use cannabis has been legalized in New York, many residents are considering investing in the industry. Lately […]
If you are selling real property in New York you can help ensure a smooth transaction by taking a few […]
December 31, 2021 is an important day for all parties interested in New York’s burgeoning cannabis market. This day is […]
One could argue that a duly executed durable Power of Attorney is the most important document in your Estate Plan. […]
On December 15, 2020, Governor Andrew Cuomo signed bill number A.5630-A/S.3923-A modifying and strengthening New York’s Power of Attorney law. […]
On March 31, 2021, New York Governor Andrew Cuomo signed into law the Marijuana Regulation and Taxation Act (the “Act”). […]
Death, divorce, incapacity and estate planning are issues that young couples rarely spend a lot of time thinking about. However, […]
When someone sells an investment property in New York the sale proceeds are generally subject to the federal gains tax. […]
New York’s State Assembly is poised to vote on a bill that would legalize the adult use, or “recreational” use […]
Adding a swimming pool to a new or existing home and need a variance? Betensky Law has successfully obtained variances […]
Generally speaking, it is wise to consider updating your estate plan every three years. Best case scenario no changes or […]
Without further adieu, here are ten (10) reasons why a Tenant should consider hiring an experienced commercial real estate attorney […]
Without further adieu, here are ten (10) questions a buyer can consider asking an attorney before hiring them to complete […]
Since New York passed the Safety in Agricultural Tourism Act (herein the “Act”) in 2017, many horse farm owners have […]
Generally speaking, New York is a caveat emptor, or “buyer beware” state in reference to residential real estate transactions. In […]
New Jersey voters overwhelmingly approved the legalization of “recreational” adult-use of cannabis in November 2020. Canada and fifteen states in […]
Commercial landowners in New York who are “over parked” (i.e. have more spaces than they need) may be seeking to […]
As the coronavirus situation rapidly evolves, it is important for businesses to keep abreast of the changing legal landscape. Here […]
Many New Yorkers are sheltering in place and working from home where feasible with the hope that the coronavirus will […]
The New York State Department of Environmental Conservation has a good page on their website that explains how and why […]
On October 24, 2019, the New York State Court of Appeals (New York’s highest state court) ruled that the owner […]
On June 19, 2019 the Appellate Division, Second Department, affirmed the Westchester County Supreme Court decision, holding that the plaintiff […]
On June 26, 2019 the Appellate Division, Second Department, affirmed the Westchester County Supreme Court decision, holding that the plaintiff […]
The New York State Court of Appeals, which is the highest court in the State of New York, recently issued […]
In Bedford Village Service Station of Westchester Inc., et al v. Town of Bedford, Westchester Co. Index No. 70064/18, decided […]
The ASPCA has a good “plain English” pet planning/pet trust primer on its website: https://www.aspca.org/pet-care/pet-planning/pet-trust-primer The ASPCA states in relevant […]
In the Matter of Larchmont Pancake House v. Board of Assessors, 2019 N.Y. Slip Op. 02441 (April 12, 2019), New […]
On April 15, 2019, the Board of Trustees of the Village of Irvington (“Village”) in Westchester County, New York, adopted […]
In Murphy v. Town of Oyster Bay, et al., the New York State Appellate Division, Second Department, decided on April […]
In Doony, Inc. v. Mark Palmiotto, et al., (decided March 20, 2019) the Appellate Division, Second Department affirmed the Westchester […]
In Catnap, LLC v. Cammeby’s Management Company, LLC the Appellate Division, Second Department affirmed the lower court decision denying defendant’s […]
In the Matter of Sheive v. Holley Volunteer Fire Co., Inc., 2019 N.Y. Slip Op. 01982, the Fourth Department determined […]
In the Matter of White Plains Rural Cemetery Association v. City of White Plains, decided January 30, 2019, the Appellate […]
In Matter of Livingston Development Group v. Village of Dobbs Ferry, decided January 16, 2019, the Appellate Division, Second Department, […]
Owners of horse farms which are open to the public should be reminded of New York General Obligations Law Article […]
According to the Internal Revenue Service, a Qualified Opportunity Fund is an investment vehicle that is set up as either […]
Simply put, a Lease Surrender Agreement is an agreement whereby the landlord and tenant agree to terminate the lease prior […]
In the Matter of Yorktown Smart Growth et al v. Town of Yorktown, decided January 23, 2019, the Appellate Division, […]
In a somewhat unusual decision on January 23, 2019, the Appellate Division, Second Department in the matter of Save Harrison, […]
On January 23, 2019, the Appellate Division, Second Department held in the Matter of Osia Mengisopolous v. The Board of […]
A real estate investor recently asked me whether she should form a LLC to purchase a residential investment property in […]
Young, healthy people with modest means can benefit from estate planning largely for the same reasons wealthier, older people benefit […]
A living will is not an oxymoron. Simply put, a living will (sometimes referred to as an “advance directive”) consists […]
There are inexpensive fill-in-the-blank Last Will and Testament forms that may be purchased online. So what is the benefit of […]
A client once asked, “I’m not married, I don’t own a house and I don’t have kids; do I need […]
When developing an estate plan in New York, horses are sometimes treated differently than some of the more common pets, […]
Perhaps the richest dog in the world is buried in Westchester County, New York. Leona Helmsley left Twelve Million Dollars […]
Pets often become honorary members of the family. But what happens to a pet after its owner becomes incapacitated or […]
On December 14, 2018 the Board of Trustees of the Town of Bedford, New York, Westchester County, adopted a new […]
On November 19, 2018, the Westchester County Board of Legislators passed a law imposing a decision deadline for coop boards […]
In Defelice v. Frew, 2018 NY Slip Op 07700 (2nd Dept., decided November 14, 2018), the Second Department, Appellate Division […]
Can a private property owner possess the exclusive right to fish on a navigable river? According to the New York […]
In Asian American HDFC, Inc. v. 110 Ridge St. Venture, LLC, 2018 WL 3428569 (2018), the New York State Supreme […]
A horse owner recently called our office alleging that her stable had mistreated her horse by leaving the animal outdoors […]
In Slacer v. Kearney, 151 AD3d 1602 (4th Dept. 2017), the Supreme Court granted Plaintiff’s adverse possession claim and the […]
The term “free rent” is not an oxymoron. Free rent is often negotiated between a commercial tenant and landlord before […]
Perhaps with Tom Sawyer’s Huckleberry Finn in mind, the Fourth Department Appellate Division granted Petitioner’s motion to obtain access to […]
In Auswin Realty Corporation v. Klondike Ventures, Inc., 163 A.D.3d 1107 (2018), Plaintiff brought an action against Defendants claiming that […]
On June 27, 2018, the New York State Department of Environmental Conservation (“DEC”) adopted a Findings Statement and certain amendments […]
Most commercial leasing attorneys negotiate guarantees on a regular basis. To an experienced attorney, these somewhat abstract principles make sense. […]
In Islamic Community Center for Mid Westchester et al v. City of Yonkers Landmark Preservation Board et al, 2018 WL […]
I was recently asked to assist with a due diligence checklist for a client looking to purchase an approximately 12-acre […]
Drafting or negotiating a horse boarding agreement? Don’t shut the stable door after the horse has bolted! A good horse […]
In some respects, a lease agreement is like the human body. A lease commences, it has a limited duration and […]
On April 3, 2018 the Town of Bedford Board of Trustees unanimously adopted an amendment to the Town’s Zoning Code […]
In the case entitled 19 Patchen, LLC v. Antonio Rodriguez, 153 A.D.3d 1382 (2nd Dept. 2017), the Appellate Division, Second […]
Under Section 183 of the New York State Lien Law a boarding stable can place a lien on a horse […]
In the matter of Evan Daniel Bray v. Town of Yorktown Zoning Board of Appeals, 151 AD3d 720 (2nd Dept. […]
In the matter of Bonefish Grill, LLC v. Zoning Board of Appeals of the Village of Rockville Centre, 2017 NY […]
In Elliot J. Cohen, et al. v. Town of Ramapo Building, Planning & Zoning Department, et al, 150 A.D.3d 993 […]
In the case entitled Carnelian Farms, LLC v Leventhal, 2015 WL 3970095 (NY Slip Op 04833, Decided June 14, 2017) […]
The New York State Department of Environmental Conservation has proposed amendments to Part 617 of the State Environmental Quality Review […]
In Urban Soccer Inc. v. Royal Wine Corp., 2016 WL 4187506 (Sup.Ct.NY Co., decided August 5, 2016), the court granted […]
In Lavender II v. Zoning Board of Appeals of the Town of Bolton, 141 A.D.3d 970 (3rd Dept. 2016), the […]
In Harris v. Zoning Board of Appeals of the Town of Carmel, 137 A.D.3d 1130 (2nd Dept. 2016), the Appellate […]
In Biggs v. Zoning Board of Appeals of the Town of Pierrepont, 52 Misc.3d 694 (Sup.Ct.St.Lawrence Co., decided April 27, […]
In New York, license agreements are sometimes used in order to grant limited rights to use real property. For example, […]
The result may be counter-intuitive, but a majority vote in favor of a Planning Board application in New York may […]
The Town of North Castle, in Westchester County, New York, recently enacted several local laws for the following purposes: 1. […]
Lately I have received an increasing amount of inquiries related to easements. A few examples: (i) a residential property owner […]
Generally speaking, the distinction between a lease and a license is important because a lease gives a tenant a leasehold […]
I am sometimes asked to explain the phrase “running with the land.” This legal term frequently arises in the zoning/land […]
The Town of Lewisboro in Westchester County, New York has enacted a new local law allowing accessory buildings such as […]
The Town/Village of Harrison in Westchester County, New York recently amended its Zoning Code to allow Senior Living Facilities by […]
In the days leading up to the implementation of TRID, there was palpable trepidation among many real estate professions. The […]
Effective January 1, 2016, under a recent amendment to Article 32 of the New York Labor Law (the “Law”), a […]
On April 27, 2016, President Obama signed the “Defend Trade Secrets Act of 2016,” a bill making it a crime […]
In Soldatenko v. Village of Scarsdale Zoning Board of Appeals, decided April 20, 2016, the Second Department, Appellate Division, reversed […]
In Applebaum v. Village of Great Neck Board of Appeals, decided April 13, 2016, the Appellate Division, Second Department, affirmed […]
In Harris v. Town of Carmel Zoning board of Appeals, decided March 23, 2016, the Appellate Division, Second Department affirmed […]
Even for experienced buyers, purchasing a home in Westchester County, New York can be a daunting process. Most Contracts of […]
The New York Department of State has proposed a new regulation to specify that discrimination is unlawful and to clarify […]
In Rivera v. JRJ Land Property Corp., 27 A.D.3d 361 (1st Dept. 2006), the Appellate Division, First Department, held that […]
In many respects, residential closings in Westchester, New York are similar to closings elsewhere in New York. Purchasers often request […]
In 501 Fifth Avenue Co., LLC v. Aslam, 136 A.D.3d 535 (1st Dept. 2016), the Appellate Division, First Department, reversed […]
The Town of Bedford has published a draft survey, prepared by Steward Preservation Services, of private properties that have been […]
Q: What is a party wall? A: A party wall is a common wall shared by two adjacent buildings. […]
Simply put, a contingency is an event that might not occur. In Westchester County, we often see mortgage contingencies in […]
Most purchasers of single-family homes in New York probably do not fully understand the scope of their homeowners insurance policy. […]
In Sierra Club v. Village of Painted Post, et al, 2015 WL 7288109 (Decided November 19, 2015), the highest state […]
In Fruchter v. Zoning Board of Appeals of the Town of Hurley, 133 A.D.3d 1174 (3rd Dept. 2015), the Appellate […]
On December 18, 2015, President Obama signed into law the Protecting Americans from Tax Hikes Act of 2015 (“Law”). The […]
In Winterton Properties, LLC v. Town of Mamakating Zoning Board of Appeals, 132 A.D.3d 1141 (3rd Dept. 2015), the Appellate […]
In Arista Real Estate Holdings, Inc. v. Kemalettin, 2015 WL 7270744 (2nd Dept. 2015), the Court denied the landlord’s motion […]
Having represented countless purchasers of residences in Westchester County, New York, we pride ourselves on being detailed-oriented so that our […]
In Borrok v. Town of South Hampton et al, 130 A.D.3d 1024 (2nd Dept. 2015), 34 Cove, LLC applied to […]
In W. Oceanside Road, LLC v. Panorama Homes, Inc., 2015 WL 7474758 (2nd Dept. 2015), the Appellate Division, Second Department held […]
In the matter of Kramer v. the Zoning Board of Appeals of the Town of Southampton, 131 A.D.3d 1170 (2nd […]
In the State of New York, environmental issues often arise in the context of residential real estate transactions. A home […]
On November 10, 2015 the United States Court of Appeals for the Second Circuit affirmed the District Court’s decision ordering […]
In Rogan LLC v. YHD Bowery Commercial Unit LLC, 2015 WL 6510726 (1st Dept. 2015), the Appellate Division, First Department […]
As the co-chair of the Westchester County Bar Association’s Environmental Law Committee, I recently taught a seminar on Environmental Due […]
In Saint James Antiochian Orthodox Church v. Town of Hyde Park Planning Board, 17 NYS 3d 481 (2nd Dept. 2015), […]
In OTR Media Group, Inc. v. Board of Standards and Appeals of the City of New York, 2015 WL 6510756, […]
I recently attended the Committee Meeting of the Westchester County Bar Association on behalf of the Environmental Law Committee. The […]
In Green Materials of Westchester v. Town of Cortlandt, 2015 WL 6160910 (2nd Dept. 2015), the Appellate Division held that […]
In Gottlieb v. Board of Appeals of Incorporated Village of Lawrence, 131 A.D.3d 481 (2nd Dept. 2015), the Board of […]
In 2014, the Town of Southeast (Putnam County, New York) updated its comprehensive plan, which had last been updated in […]
In the case entitled “Great Northern Insurance Company v. Interior Construction Corp., et al,” 7 N.Y.3d 412 (2006), the court […]
In Ranco Sand and Stone Corp. v. Vecchio, 2014 N.Y. Slip Op. 08338, Ranco Sand and Stone Corp. (“Ranco”) filed […]
Section 339-O of the New York State Real Property Law requires the following elements in a condominium unit deed: 1. […]
When purchasing a property in New York, there are a few basic items a purchaser may wish to review as […]
In a recent case entitled Commander Realty Associates, Inc., et al v. Allegro, et al, decided August 18, 2015, Slip […]
In short, the answer is yes in New York. Pursuant to Section 5014 of the New York Civil Procedure Law […]
In Quintanilla v. Thomas School of Horsemanship, Inc., 129 A.D.3d 815 (2nd Dept. 2015), the appellate court affirmed the lower court’s […]
In Graziose v. City of Glen Code Zoning Board of Appeals, 127 A.D.3d 863 (2nd Dept. 2015) the court set […]
In Harbor Park Realty, LLC v. Modelweski, 116 A.D.3d 1040, 984 N.Y.S.2d 601 (2d Dept. 2014), the court upheld the […]
In Sacher v. Village of Old Brookville, 124 A.D.3d 902 (2d Dept. 2015), the court upheld the denial of area […]
In Mimassi v. Town of Whitestown Zoning Board of Appeals, 124 A.D.3d 1329, 997 N.Y.S.2d. 888 (4th Dept. 2015), the […]
On July 7, 2015, the Town of Bedford, New York’s Board of Trustees adopted an amendment (“Signage Amendment”) to the […]
In Traendly v. Zoning Bd. of Appeals of Town of Southold, 127 A.D.3d 1218 (2d Dept. 4/29/15), the Court reversed […]
In Nemeth v. Village of Hancock Zoning Board of Appeals, 127 A.D.3d 1360 (3d Dept. 4/9/15), the court reversed the […]
In Greentree Country Club, Inc. v City of New Rochelle, 119 A.D.3d 570 (2d Dept. 2014), the court reversed the […]
With the U.S. Open fast approaching many of us have tennis on our minds. Building a tennis court at a […]
Commercial property owners in New York may be held strictly liable (i.e. regardless of fault) for soil and groundwater contamination […]
On April 8, 2015 the Town of North Castle adopted Local Law 4 of 2015 which requires fuel tanks to […]
In November 2013 the Consumer Financial Protection Bureau (“Bureau”) issued the TILA-RESPA Integrated Disclosure final rule (“Rule”) to implement provisions […]
In NY Great Stone, Inc. v. Two Fulton Square, LLC, 47 Misc. 3d 720 (N.Y.Sup.Ct. Queens Co. 2015), the New […]
On July 24, 2015 the United States Federal Communications Commission (“FCC”) granted its conditional approval of the transfer of control […]
On July 7, 2015, the Town of Bedford Board of Trustees adopted a zoning amendment (“Amendment”) effectively limiting the size […]
In 545 Halsey Lane Properties, LLC v. Town of Southampton, 2015 WL 1565487 (April 8, 2015), the Court found that […]
In Abramson v Gettel, 2014 WL 6694505 (SDNY 11/25/2014), the court dismissed Plaintiff’s Equal Protection claim. Plaintiffs had commenced an […]
In Safe Harbor Retreat, LLC v Town of East Hampton, 2015 WL 918771 (EDNY 3/2/2015, the court found that Plaintiff’s […]
In Sherman v Town of Chester, 2015 WL 1473430 (SDNY 3/31/2015), Plaintiff, a real estate developer, initially filed suit in […]
In Orange County-Poughkeepsie Limited Partnership v. Town of Fishkill, 2015 WL 409260 (SDNY 1/30/2015), the Court ordered the Zoning Board […]
In Bruenn v. Town Bd. of Town of Kent, 44 Misc.3d 1214(A) (2014), the Supreme Court, Putnam County, affirmed the […]
In East End Eruv Association, Inc v Town of Southampton, 2014 WL 4826226 (EDNY 9/24/2014), the federal court granted Defendants’ […]
In Ballard v New York Safety Track, LLC, 2015 WL 919739 (NYAD 3 Dept. 3/5/2015), the Appellate Division found that […]
In Deitrich v. Planning Board of Town of West Seneca, 118 A.D.3d 1419 (4th Sept. 2015), Petitioner applied to the […]
In Ayuda Re Funding, LLC v Town of Liberty, 121 A.D.3d 1474 (3rd Dept. 2014), the Second Department affirmed the […]
In Bristol Homeowners Environmental Preservation Associates, LLC v Town of South Bristol, 2014 WL 5901427 (4th Dept. 2014), the Court […]
In Robert E. Havell Revocable Trust v. Zoning Board of Appeals of Village of Monroe, 2015 WL 1810220, 2013–05746 (Index […]
In Birch Tree Partners, LLC v Nature Conservancy, 122 A.D.3d 841 (2nd Dept. 2015), the Second Department held that the […]
In Nathan v. Board of Appeals of Town of Hempstead, 125 A.D.3d 866 (2nd Dept. 2015), the Second Department Appellate […]
In the case entitled “Town of Southampton v. Equus Associates, Ltd., 201 A.D.2d 210 (2nd Dept 1994)”, the Town of […]
Simply put, a boundary line agreement is an agreement between two owners of adjacent parcels of land whereby the owners […]
Having represented a wide variety of businesses for over thirteen years, we have seen a pattern develop as far as […]
The New York Supreme Court, Appellate Division, First Department, recently decided the case entitled, Moon 170 Mercer, Inc. v. Vella, […]
The Supreme Court, New York County, recently awarded damages to a commercial landlord in the amount of $412,483.63 plus reasonable […]
The New York Supreme Court Appellate Division, Fourth Department, recently decided a case entitled Mfrs. and Traders Trust Co. v. […]
In Westchester County, New York, many older homes do not have a Certificate of Occupancy. In other cases, property owners […]
Some first time home buyers or sellers in New York may not understand the mechanics of the inspection contingency. Simply […]
Some first time home buyers or sellers in New York may not understand the mechanics of the mortgage contingency. Simply […]
The Westchester County Private Well Water Testing Legislation, Local Law 7 of 2007, was adopted on May 23, 2007. The […]
The Foreign Investment in Real Property Tax Act of 1980 (FIRPTA) requires ten percent (10%) of the purchase price to […]
How does one discharge a mechanic’s lien? To answer that question, one must first understand what a mechanic’s lien is. […]
When negotiating a commercial lease for a riding academy in New York or New Jersey, it may be appropriate to […]
The Town of North Castle in Westchester County, New York has amended its zoning code to add a new definition […]
I recently received an inquiry about a small portion of a driveway that allegedly encroached on my client’s property. The […]
On November 13, 2014, the New York State Appellate Division, First Department, decided the case entitled, Honua Fifth Avenue, LLC […]
On October 21, 2014, the New York State Supreme Court, New York County, issued a decision in the case entitled […]
In the case entitled Colin Realty Co, LLC v Town of North Hempstead, 2014 WL 5285474 (NY 10/16/2014), New York’s […]
On December 3, 2014 the New York State Supreme Court, New York County, decided the case entitled, “184-188 Claremont Investors, […]
On September 17, 2014, the Supreme Court, Appellate Division, Second Department decided the case entitled Patsis v. Nicolia, 120 A.D.3d […]
A cell tower lease is renewed and the tower company and Town live happily ever after, well at least for […]
On February 13, 2015, New King Street Associates submitted a petition to the Town of North Castle (Westchester County), New […]
On February 25, 2015, the Board of Trustees of the Town of North Castle, New York (Westchester County), is considering […]
On February 4, 2015, the Board of Trustees of the Town of Bedford, New York, adopted a resolution approving a […]
Pursuant to New York State Real Property Law Section 231-a “every residential lease” shall provide a “conspicuous notice” as to […]
It was recently reported that the Bedford Playhouse is raising funds in order to re-open their doors. We received this […]
In New York what happens when a tree trunk straddles a property boundary? Perhaps surprisingly, this is a relatively common […]
On November 20, 2014, the New York State Supreme Court, Appellate Division, Third Department, decided the case entitled Carey v. […]
Some municipalities in Westchester County, New York have codified solar friendly zoning laws. Others have antiquated codes which may, perhaps […]
Generally speaking, a fixture is a piece of personal property that is permanently attached to a piece of real estate […]
Some clients have asked me whether it is necessary to get title insurance when buying real estate in New York, […]
Local zoning regulations, especially in Westchester, Putnam and Rockland Counties, often make it difficult to develop commercial real estate which […]