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Entries tagged: landlord tenant

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Landlord/Tenant Issues: Recent New York Cases

By: Patrick McCormick, Esq. email

Posted: October 24th, 2012

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There have been numerous recent decisions by appellate and trial courts involving landlord/tenant disputes covering a wide variety of issues. […]

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Yellowstone Injunctions… Pitfalls and Perils

By: Patrick McCormick, Esq. email

Posted: September 10th, 2012

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Public policy in New York seeks to avoid forfeiture of leases.1 What is commonly referred to as a Yellowstone injunction […]

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Amendment to Conform to Proof; Sufficiency of Rent Demand and Proof of Damage

By: Patrick McCormick, Esq. email

Posted: June 10th, 2012

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As summer winds down, I thought the best way to ease into autumn would be to examine certain jurisdictional and […]

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Equity Does Not Relieve Tenant’s Failure to Timely Exercise Renewal

By: Patrick McCormick, Esq. email

Posted: June 10th, 2012

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A recent article discussed the decision by the Appellate Division First Dept. in 135 East 57th Street LLC v. Daffy’s […]

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A Bright Line Rule is No Longer Bright

By: Patrick McCormick, Esq. email

Posted: April 10th, 2012

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The long standing “one inch” rule in New York, in connection with actual partial evictions, as explained by Judge Cardozo1 […]

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Enforcing Rent Acceleration Clauses

By: Patrick McCormick, Esq. email

Posted: January 10th, 2012

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Public policy in New York seeks to avoid forfeiture of leases.1 What is commonly referred to as a Yellowstone injunction […]

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Be Careful with Security Deposits

By: Patrick McCormick, Esq. email

Posted: January 10th, 2012

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Landlords routinely collect a security deposit from tenants at the commencement of a lease term with the deposit generally to […]

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Recovery of Attorney’s Fees Under Residential Leases

By: Patrick McCormick, Esq. email

Posted: October 10th, 2011

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It has long been the rule in New York that “attorneys’ fees are deemed incidental to litigation and may not […]

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The Rent Demand Revisited: Strict Construction and Harsh Results

By: Patrick McCormick, Esq. email

Posted: September 10th, 2011

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It cannot be debated that making or serving a proper rent demand under RPAPL § 711(2) is a necessary precondition […]

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