Res Judicata: A Legal Blog

How Can Real Estate Investors Benefit from a Qualified Opportunity Fund?

February 5, 2019

According to the Internal Revenue Service, a Qualified Opportunity Fund is an investment vehicle that is set up as either a partnership or corporation for investing in eligible property that is located in a Qualified Opportunity Zone. An Opportunity Zone is an economic development tool. Opportunity Zones are designed to …Read More

What is a Commercial Lease Surrender Agreement?

February 5, 2019

Simply put, a Lease Surrender Agreement is an agreement whereby the landlord and tenant agree to terminate the lease prior to the expiration date. “Surrender” is a legal term referring to the tenant’s surrender, or relinquishment, of its leasehold estate. Parties may wish to enter into a Lease Surrender Agreement …Read More

Appellate Division Upholds Town of Yorktown Special Use Permit for BJ’s

January 30, 2019

In the Matter of Yorktown Smart Growth et al v. Town of Yorktown, decided January 23, 2019, the Appellate Division, Second Department upheld the determination of the Town of Yorktown to grant a special use permit to BJ’s Wholesale Club, Inc. The Court stated in relevant part as follows: “Here, …Read More

Appellate Division Awards Summary Judgment to Neighbors Challenging Senior Living Facility in Harrison on Procedural Grounds

January 30, 2019

In a somewhat unusual decision on January 23, 2019, the Appellate Division, Second Department in the matter of Save Harrison, Inc. v. Town/Village of Harrison, awarded Summary Judgment to Save Harrison, Inc. with respect to a proposed senior living facility on an old quarry site on grounds that the municipality …Read More