Entries tagged: real estate

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

By: Patrick McCormick, Esq.

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.

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.

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.

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.

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.

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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Smoking and Second-Hand Smoke Intrusion

By: Patrick McCormick, Esq.

Posted: July 10th, 2011

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Two recent cases address issues that arose when a tenant’s smoking and the resulting intrusion of second-hand smoke into a […]

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Inadvertent Creation of Month-to-Month Tenancy

By: Patrick McCormick, Esq.

Posted: June 10th, 2011

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In its recent decision in Islands Heritage Realty Corp. v. Joseph, LT-002642-10, NYLJ 1202492662252, at *1 (Dist., NA, Decided April […]

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Failure to Timely Obtain Yellowstone Injunction Results in Lease Termination

By: Patrick McCormick, Esq.

Posted: April 10th, 2011

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Yellowstone injunctions — an injunction to stay the available cure period provided in a commercial lease and in the landlord’s […]

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Security Deposits – A Cautionary Tale

By: Patrick McCormick, Esq.

Posted: March 15th, 2011

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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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