Partition Actions in New York: NY Real Estate Law Basics

When a dispute occurs with co-owners of real property in New York it is, often, advisable to initiate a partition action. Under New York’ Partition Law, a partition is a remedy available to any person who is a co-owner of New York real property.  Specifically, under N.Y. Real Prop. Acts. Law § 901, the following individuals with New York real property may lawfully apply for a partition of the NY property: A person holding and in possession of real property as joint tenant or tenant in common, in which he has an estate of inheritance, or for life, or for years, may maintain an action for the partition of the property, and for a sale if it appears that a partition cannot be made without great prejudice to the owners. A person holding a future estate as defined in sections forty, forty-a or forty-b of the real property law or a

Continue reading

New York Special Use Doctrine Leads to Special Responsibilities for NY Landlords

Here is some important information for landlords to remember – with special uses come special responsibilities! Last year, a firm attorney in New York argued a matter where our client tripped and fell on a broken concrete pedestrian ramp in front of a two-story mixed-use building, leaving her with a broken ankle. When the building owner and the tenant moved for summary judgment, I opposed it by citing the “special use” doctrine, and won our client a mid-six figure settlement. If you own a commercial or mixed use property, you should know that people making personal injury claims against you have the burden to show that you caused, created or had “actual or constructive notice” of the condition which caused the injury.  But most owners don’t realize that there is a third category for special circumstances that is a “special” exception for curb cuts and ramps that provide access from

Continue reading

Reasons for a New York Landlord to Hire an Real Estate Attorney

If you are a New York landlord that owns or manages one or a few rental properties, then you are unlikely to have a New York lawyer on retainer. To save costs and avoid frustration, landlords should recognize that when these five situations arise, it is time to hire a real estate attorney in New York.  We see too many issues and the issues, normally, fall into one of the following: Evicting a Tenant in NY In New York, an eviction lawsuit is a summary proceeding that takes much less time than other New York civil matters.  But, in exchange for the expedited treatment of cases, landlords must follow detailed court rules to the letter. These rules range from serving proper and timely notice on the tenant to filing the right papers in court with the appropriate legal arguments.  Additionally, landlords should know at the outset that New York Landlord-Tenant

Continue reading

New York Commercial Lease Basics: Negotiate a Good Guy Clause For Your New York Start-Up

New York start-up businesses can negotiate a Good Guy Clause into their NY commercial leases to gain flexibility in terminating leases should things go upside down. A New York Good Guy Clause is commonly used in New York City as a personal guaranty within a commercial lease.  In exchange for a guarantee from the tenant or an affiliate of the tenant to fulfill all obligations under the lease, the commercial NY landlord agrees to allow the New York tenant to terminate the lease early so long as all rent has been paid in full and the tenant gives sufficient notice.  The premises must be delivered “broom-clean” with all possessions and trash removed. Good Guy Clauses in New York may protect both the commercial landlord and tenant.  These clauses protect commercial landlords in New York City because these clauses avoid landlord-tenant litigation and, if there is a party other than the

Continue reading

What Brexit Means For The New York Real Estate Market

With the shocking news breaking that the United Kingdom has voted to leave the European Union, many New York businesses who transact business internationally, or who cater to an international clientele here at home are left to wonder what Brexit means for them.  For the real estate market, the effects are probably the easiest to sort out. We have had many real estate and corporate clients contact us requesting advice on the effect the U.K. leaving the E.U. will have on their business in New York.  We will be writing about this issue over the next couple of weeks here and, also, on our sister blog at: The Korean Law Blog.  First, don’t expect an interest rate increase this summer because the volatility created by this unexpected news means that the Federal Reserve will want to keep rates as consistent as possible.  So if your New York business has interest

Continue reading