No rent abatement during shutdown

Hugo Boss store at Columbus Circle which was forced to close by COVID-19 executive order sought rent relief. Hugo Boss operates a retail store in The Shops at Columbus Circle in New York City. A/R Retail LLC is the landlord for this luxury indoor mall. Hugo Boss entered into a 13-year lease at the location as a way to gain visibility in the heavily trafficked location catering to premium market customers. Hugo Boss’s rent was … <Read More>


Rules Add Pest Management Duties

HPD adopted rules compelling owners to remediate indoor allergen hazards. The Department of Housing Preservation and Development adopted rules to require owners of multiple dwellings to investigate for and remediate indoor allergen hazards such as mold, cockroaches, mice, and rats. The new rules, which implement Local Law 55 of 2018, establish work practices for pest remediation, standards for tenant notifications, and procedures for submitting certifications of remediation and requesting extensions of time to correct violations.


Environmental Impact Statement For Senior Residence Upheld

Non-profit developer sought to build residence for the elderly in Manhattan adjacent to a public school. In 2012, Jewish Home Lifecare, a non-profit providing health care services, applied to the New York State Department of Health for a permit to construct a residential facility for the elderly and disabled to be located on West 97th Street in Manhattan next door to P.S. 163. After Lifecare submitted an environmental assessment statement and an environmental impact statement, … <Read More>


Trees: Tort Liability For Injuries Involving Trees

Trees under the common law were considered natural conditions with the result that possessors of land were not liable for injuries caused trees. Professor William Prosser wrote in the first edition of the hornbook on Torts (1941) that the traditional common law rule was that the possessor of land was under no affirmative duty to make safe dangerous conditions on the land that were natural in origin. Prosser went on to say, however, that there … <Read More>


How Small is Too Small: the Trivial Doctrine in New York Law

How small is too small when it comes to trip hazards on New York City sidewalks? New York courts, grappling with this issue for over 125 years, have declined to advance a standard based solely on the size or dimensions of the defect or hazard and instead have opted to evaluate each slip, trip and fall case on the merits under a totality of the circumstances test. The result is that it is difficult for … <Read More>


Operating a Health Club in New York City: A Weighted Issue

Over 72 million Americans are considered clinically obese. With the increased emphasis on diet and exercise, gyms are turning up everywhere throughout New York City. Owning and operating a gym is not a simple process. Gym owners face zoning restrictions, permit requirements, and potential tort liability.