A buyer entered into to a contract to purchase a penthouse co-op apartment for $27.5 million. Part of the unit being purchased included a terrace, which was to be for the buyer’s exclusive use. Between contract and closing, this exclusive use was questioned as the board intended to convert the…
Landlord and Tenant entered into a long-term commercial lease. After the Tenant vacated, Landlord terminated the lease, and sued to recover legal possession of the space and for rents that were then past due and owing. Landlord won that lawsuit. Thereafter, the Landlord commenced a second action seeking the amount…
As we discussed on this blog some time ago, an artist’s freedom of expression may trump an individual’s right to privacy. This issue has again reached the courts and this principle has been reaffirmed. Defendant Arne Svenson surreptitiously photographed the residents of a neighboring building through its glass facade. After…
There has been recent discussion about what constitutes “use” of a mark when seeking trademark registration (and which applies equally to a service mark). This discussion has addressed the requirement that a proposed trademark be “used” or be “in use” when a trademark registration is filed with the United States…
Goli Realty Corp., commenced an action for the recovery of brokerage commissions. Goli sued Halperin claiming to have brought a buyer that was ready, willing and able to purchase certain real property that Halperin and his entity, SPJ LLC, were looking to sell. Goli prepared marketing packages for Hess Oil,…
Steve Hong is the sole shareholder of Koryeo International Corp. Hong sued his mother, Kyung Ja Hong for looting Koryeo before she transferred the corporation to him. Hong worked for the corporation after law school. His parents promised to transfer the corporation to him in exchange for his agreement to…
A dispute between The KatiRoll Company, Inc. and Kati Junction, Inc., both of which sell Indian food, produced a court decision useful in examining trademark/servicemark and trade dress issues. In 2002, KatiRoll opened its first store-front in New York City. That location would expand to two additional restaurants in Manhattan.…
One of the repercussions of the mortgage meltdown was the subsequent scrutiny of the bond rating agencies, including S&P. Claims were made that the rating agencies ignored bond risks and overstated the quality of certain bonds so that the agencies would earn more fees from the increased volume of bonds…
Confidentiality provisions are common in many different settings, including settlements, business transactions and intellectual property agreements. The cost of violating a confidentiality provision often leads to litigation and damages, and significant aggravation. While a few months old, a recent article I read highlighted some real-life examples. Have a look here…
A dispute involving the distribution of an estate was submitted to arbitration. The parties proceeded to court where one party sought to have the arbitration decision confirmed, while the other requested that it be vacated. One of the grounds for vacatur was the claim that one of the arbitration hearings…