Publications

Insights into the middle market.

Publications

Legal Updates
  • Service and Emotional Support Animals in Office Buildings in New York City
    September 12, 2019

    What rights do employees of tenants or other occupants of office buildings have to bring service animals and emotional support animals into New York City office buildings? What rules and restrictions can the owners of office buildings impose? What questions are building owners permitted to ask about the animal and its owner? Are there any limits on the types of animals that owners must permit in their building?

  • Tarter Krinsky & Drogin’s Top 10 Legal Alerts from the First Half of 2019
    June 25, 2019

    As we head into summer, we would like to share with you some of our most popular legal alerts from the first half of 2019. Our top-read alerts range from construction, labor and employment, tax, corporate and securities, immigration, cooperatives and condominiums, commercial leasing, real estate, litigation and intellectual property, reflecting the broad array of our full-service practice. We hope that our alerts have been valuable to you and your colleagues, and demonstrate our commitment to providing helpful information to you.

  • Commercial Tenancy Contract Disputes: The New York Court of Appeals Curtails the Ability of Commercial Tenants to Seek a Yellowstone Injunction
    May 13, 2019

    For approximately 50 years, commercial tenants in New York facing potential action for breach of lease and possible eviction have enjoyed the use of a so-called "Yellowstone injunction," which, if granted by the court, froze the contractual cure period under a lease governed by New York law.

  • The Changing Landscape of Access Agreements and RPAPL §881 Proceedings in New York City: Trends to Watch in 2019
    November 30, 2018

    Gaining access to a neighbor’s property during construction requires attempting to negotiate an access agreement and if that fails, litigating the access through an RPAPL §881 proceeding. That is nothing new. But what happens when these negotiations are about much more than just access or not about access at all? In this alert, Construction partner Laurie Stanziale explores how and whether courts will continue to entertain disputes between neighbors about construction, even if no damage has occurred and no access is required and/or whether or not the DOB will be compelled to take a more active role in these disputes.

  • Forgiving Fines: The NYC Amnesty Program
    November 21, 2016

    In an effort to collect more than one billion dollars in outstanding fines, the City of New York is offering an amnesty program that allows participants to resolve violations

Articles
  • Patrick Kilduff Authors Advertising Week 360 Article on New “I Love NY” Highway Signage
    December 20, 2018

    Compliance/Administrative Law and Outdoor Advertising chair Patrick Kilduff authored an article for Advertising Week 360 on ““I Love NY”... The Wackiest Sign Story of the Year.” The article delves into the approximately 500 new "I Love NY” blue highway signs authorized for installation by the Cuomo Administration. Pat explains, “The stated goal was to promote New York State and elements of the "New York Experience.” The Federal Highway Administration clearly warned New York State that these signs did not comply with the Manual on Uniform Traffic Control Devices for Streets and Highways. Unfazed, the State proceeded, basically daring the feds to do something about it.”

  • Alan Tarter Authors New York Law Journal Article on the Unique Market Position of Midsize Law Firms in Today’s Legal Market
    April 23, 2018

    Managing Partner Alan Tarter authored an article that was featured in the New York Law Journal’s special Partnership Report in the April 23 issue. The article titled, "The Unique Place for Midsize Firms in Today’s Legal Market,” focuses on the many opportunities that mid-size firms have in today’s legal complex ecosystem due in large part to their attractive rate structures, full-service value proposition, nimble infrastructures and ability to quickly adapt to market trends, which benefits them in recruiting, as well as client service and retention. Alan explores several concepts in the article, including leveraging agility and embracing change, the power of referrals in cultivating relationships and investing in your firm by investing in your people through professional development programs.

  • David Pfeffer Authors Law360 Article on What NYC Landlords and Tenants Need to Know About Short-Term Apartment Rental Services
    February 6, 2017

    Construction chair and partner David Pfeffer authored an article in Law360 on "The Conundrum With Short-Term Rentals." The article explores what New York City landlords and tenants need to know about how recent regulations on short-term apartment rental services such as Airbnb, HomeAway, VBRO and Roomorama affect their properties.

  • Foreign Investments Help Fund Commercial Development
    September 1, 2010

    In the wake of the financial meltdown and subsequent signs of economic recovery, opportunities are becoming more prevalent for those looking to diversify and expand their investments. Luckily, there are various ways to acquire funding for development projects that are both available and underutilized. The Employment-Based visa program is one such tool, particularly the EB-5 visa category. 

  • Next Steps and Defenses Following ‘Roberts’ Decision
    January 28, 2010

    Delivering a crushing blow to an already distressed real estate market, New York’s highest Court recently issued a landmark decision in Roberts v. Tishman Speyer Properties, L.P. On Oct. 22, 2009, the New York State Court of Appeals ruled that the owners of the massive residential complexes of Stuyvesant Town and Peter Cooper Village improperly charged market-rate rents to tenants.

  • Tenants Who Leave Early: Do Not Assume You Can Avoid the Rent
    December 12, 2009

    In situations where a tenant leaves leased premises before the expiration of the lease term, until recently, different results were sometimes obtained in cases involving commercial tenants versus cases involving residential tenants.

  • Mortgage Contingency Clauses: Essential Protection For Purchasers
    September 1, 2009

    For many years, it has been standard in the real estate industry that contracts of sale for the purchase from the sponsor of newly constructed or newly renovated residential condominium units or cooperative apartments do not contain a mortgage contingency clause Accordingly,purchasers would not have the right to terminate a contract of sale if an application for financing were denied or, alternatively, if it was granted for an amount lower than the amount sought.

  • Three Strategies For Dealing With Balking Purchasers
    July 1, 2009

    In today's residential real estate market, balking purchasers are a major challenge for developers. Developers have several tools to counter these increasingly common and harmful tactics and achieve their primary objectives of avoiding costly disputes, capitalizing on their investment and compelling balking purchasers to comply with the agreements they signed.

  • Contract Law: What Does Giving Your Best Efforts Mean?
    April 1, 2008

    How hard do the parties to a contract have to work to meet their obligations? Under New York law, every contract contains an implied covenant of good faith and fair dealing that requiresparties to cooperate so that neither party is deprived of the right to receive the benefits of their agreement. Typically, many contracts also include provisions requiring each party to use “bestefforts” in performing their contractual obligations.

  • Selling Real Estate When One Or More of the Owners Have Died
    September 1, 2006

    There are many issues encountered in selling real estate when one or more of the owners have died. At the inception of the transaction, prior to the execution of a contract of sale, we must ascertain (i) how title to the property was held: individually, by tenants in common, asjoint tenants with rights of survivorship, or as tenancy by the entirety between husband and wife; and (ii) whether the decedent died with a will or without. In all cases, a copy of the death certificate is required.

  • Second-Hand Tobacco Smoke in Residential Apartments
    September 1, 2006

    A recent court decision regarding secondhand tobacco smoke from the Housing Court in Manhattan has possibly wideranging ramifications to apartment buildings, cooperatives, condominiums and rentals alike.

  • Selling After Death of an Owner
    September 8, 2005

    There is a general uncertainty within the real estate community with respect to the requirements for conveying clear title to individually owned condominium and cooperative apartments when one or all of the record owners are deceased. This article will discuss what a seller's attorney must do prior to closing to assure that the seller can deliver on his or her obligation to convey clear title at closing, as well as to satisfy the title agent and the managing agent of a cooperative corporation, that all of the necessary documents are in place in order to effectuate a transfer of good and clear title of the unit.

  • Do We Keep it a Secret? The Pros and Cons of How Public Your Balloting Should Be
    June 1, 2005

    When shareholders of a cooperative or unit-owners of a condominium vote to elect members of a board, balloting may be done in secret or in the open. Secret ballots, as the term implies, are private. In open balloting, both the fact of voting and the person for whom the ballot is cast are public knowledge.

  • Consolidating Residential Real Estate Service Providers
    September 22, 2003

    There has been a significant consolidation of residential real estate service providers nationwide in the past few years, and this trend has recently been gaining momentum in New York. 


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