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Yellowstone Injunctions at a Glance

  What can a commercial tenant do when they receive a default or termination notice from their landlord that they believe is improper or unwarranted?  The answer:  do not pass…

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SILENCE IS GOLDEN, BUT IN TEXAS IT’S RECOVERABLE!

KEEP THIS UNDER YOUR STETSONS, BOYS. In April 2007, Dallas philanthropist, Marguerite Hoffman, sold an untitled red Rothko for $19mm to L&M Arts, a gallery.   For fear of embarrassment…

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Real Estate Brokers Are People Too!

Meet Daniel and Jill…..And Susan Daniel and Jill Dienst went apartment hunting in Manhattan.  They were ready to spend millions of dollars for the apartment of their dreams. Fortunately, they…

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Are We Responsible For That? Exposure For Corporations After An Asset Purchase.

Corporations may be exposed to the tort and contractual obligations of a predecessor following the purchase of that predecessor’s assets. The general rule is that a corporation which acquires the…

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IS IT REALLY UN-AMERICAN TO AWARD LEGAL FEES TO THE PREVAILING PARTY?

  The short answer is yes. In New York, and indeed, in the rest of the country, the longstanding “American Rule” precludes the prevailing party from recouping legal fees from…

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Apex Depositions: A Question of Unique Personal Knowledge

The Issue Who is going to tell the CEO of a huge multi-national that they have been noticed for a deposition in a pending litigation? After all, high-ranking corporate and…

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GRAFFITI MECCA “5POINTZ” MAY BE TAGGED OUT?

In a head-on clash between powerful commercial real estate interests and graffiti artists under VARA, the real estate interests have scored a major victory…..maybe. We’ve posted previously about the fight…

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File First, Ask Questions Later: A Look At The First-Filed Rule In The Second Circuit

In some cases, the speed with which a party arrives at the courthouse can determine where that party’s case will ultimately be litigated and decided.  This is particularly true when…

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U CAN’T TOUCH THIS!

Talk about the nexus between the worlds of commercial real estate and fine art !! A federal judge has temporarily halted the demolition of the famed 5pointz, a former factory…

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Hit With A Default Judgment: Do not pass go! Do not collect $200! Move to Vacate!

  Under New York law, a default judgment can be vacated if a defendant has a meritorious defense and he/she did not have actual notice of the action in time…

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