News & Insights

Does a Lease’s “No Pet” Provision Apply to Emotional Support Animals?

All landlords should know they cannot discriminate against those who are disabled. The New York Human Rights Law prohibits discrimination throughout the State on the basis of disability, including in housing situations. However, many landlords may not be aware of how broadly the law applies especially in light of a recent court decision protecting disabled … Read more

When Negotiating a Commercial Lease Be Careful Not to Waive Your Rights

Negotiating a commercial lease

Tenants negotiating a commercial lease often face “landlord-friendly” contract clauses. A recent decision (issued on May 7, 2019) addressed one such provision which stated that the Tenant waived its right to bring a declaratory judgment action with respect to the lease or any notice sent pursuant thereto. The Tenant filed a declaratory judgment action and … Read more

New York Court Upholds 2017 Regulation of Title Insurance Companies

In late 2017, the New York Department of Financial Services (“DFS”) promulgated Insurance Regulation § 208 in an effort to protect purchasers of title insurance from excessive rates and ensure reasonable charges for ancillary services provided by title insurance companies. Following enactment of the regulation, it was contested in court by the New York State Land … Read more

Beware of Liability for Water Flowing onto Your Neighbor’s Property

Property owners often must make improvements to their properties in order to develop them, such as paving, leveling and changing the grade of their land. This process can change how surface waters flow across the property, and may unintentionally cause flooding as water may flow onto surrounding properties. This has historically been the subject of … Read more