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Blog Posts in September, 2006

GIVE US OUR DAILY BREAD, BUT ...

While shopping at a supermarket, Veronica Feldmus tripped over "a big loaf of bread in a plastic bag," which had allegedly been left on the floor by a store employee or vendor that had been ...
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NIEVES SCORES KNOCK-OUT AGAINST HBO

We have previously commented on the state of the law as it pertains to the unauthorized use of one's name and/or image--within the context of commercial television--and have expressed our disagreement ...
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DRUG-RELATED EVICTIONS: IS IT PERSONAL?

New York State laws authorize the eviction of tenants engaged in "illegal" activity within their commercial or residential space. In fact, one statute, Real Property Law section 231(1), provides that ...
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GIVE ME FIVE!

Those of you who have read our book, or attended one of our continuing legal education seminars, are aware of our take on the Court of Appeals's decision in Matter of ATM One v. Landaverde and its ...
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HOW DEPENDABLE IS YOUR CAR?

Last month, J.D. Power and Associates, a global market research firm based in Westlake Village, California, released a report which examined the responses provided by some 47,620 owners of three-year ...
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"TIME IS OF THE ESSENCE." NO, REALLY!

A few years ago, the Appellate Division, First Department, issued an interesting decision on "time is of the essence" provisions incorporated into landlord-tenant settlement agreements (or ...
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IMAGINE THE FOUR SEASONS WITHOUT WINDOWS

What does it cost to replace 16 windows? Well, if we're talking about the presidential suite at the Four Seasons Hotel, try a whopping $300,000. In Hotel 57 LLC, dba Four Seasons Hotel New York v. ...
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YOUR LEASE ENDS ON ....?

Leases can frequently be pretty complicated documents, with many provisions being downright confusing or incomprehensible, even to those of us with the requisite legal background and training. But of ...
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MAXINE MAXES OUT

While our state and federal Constitutions safeguard freedom of speech and assembly, even those fundamental protections have their limits. In Christopher Housing Court Co. v. Murrell, an eviction ...
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SCHOOL-BUS LAW WILL DRIVE YOU MAD

We're all in favor of ensuring children's safety. But a recently published response to a "Q&A"--about a driver's responsibility when approaching a school bus from the opposite direction--struck us as ...
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TENANT LIABLE FOR TREBLE DAMAGES

In the March 2006 edition of our firm's newsletter we reported about the case of Gboizo v. State of New York Division of Housing and Community Renewal, wherein New York County Supreme Court Justice ...
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PROPERTY'S POTABILITY PROVISION PREJUDICES PURCHASER

Even when you think a contract's terms are pretty clear, when deals go awry, it sometimes takes an appellate court to make things right. In Manzi Homes, Inc. v. Mooney, Manzi Homes contracted to buy ...
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PLEASE DON'T POST THIS!

Ever wonder what's the deal with all those posters and handbills that grace our fair city? Well, did you know that these common annoyances--and seemingly endless assaults on our senses--violate local ...
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CONTEMPT FOR BIANCA JAGGER

Last week, Bianca Jagger--international jet-setter, social activist and former spouse of Rolling Stone, Mick--almost went to jail for not paying her rent. (Apparently, Ms. Jagger gave her landlord "no ...
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EXPLORING OPTIONS (TO RENEW)

When is an option to renew, not an option at all? When the language used by the parties is vague or ambiguous. Typically, outside of rent regulation, tenants are not entitled to automatic lease ...
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NO LIABILITY FOR LEGAL FEES IN DRUG HOLDOVER

Landlords are required to commence holdover proceedings against their tenants when directed to do so by a duly authorized entity or law enforcement agency, like the District Attorney's office. Upon ...
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WHAT'S IN WENDY'S HAMBURGERS?

In honor of the Labor Day holiday, we thought we would examine a case that involves the world's favorite processed meat: the hamburger. In particular, we wanted to share the facts of an unusual case ...
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FEELING YOUNG? (THEN DON'T READ THIS!)

This fall, most students starting college will have been born in 1988. Each year, to help acquaint its faculty with the perspectives of its incoming student body, Beloit College--located in Beloit, ...
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