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Program
Description
Evictions: Actual, Partial, Constructive, Risks & Remedies
Provided By:
New York Law Journal
Approved for CLE credit in:
NY, WA
In a tumultuous real estate market, eviction proceedings are or on the rise. Real Estate practitioners, landlords and tenants must know the right steps to take in order to preserve their rights and move expeditiously. Regular New York Law Journal Real Estate columnist, accomplished litigator and author William J. Robbins of Rosenberg & Estis, P.C. take us through the latest caselaw, regulations and best practices in eviction proceedings.
Agenda
The world of evictions - a world of great variety.
Most common understanding of eviction is a landlord removing a tenant or occupant from possession of the landlord¿s premises by legal means through the court system. For example, a summary proceeding and, if successful, a judgment of possession, with issuance of a warrant of eviction. Not the focus of this lecture.
"Wrongful" eviction - actual eviction and constructive eviction. Part of our topic.
"Self-help" eviction - we will also look at this.
Actual eviction and constructive eviction
What is the difference?
Total versus partial eviction.
What is tenant's relief for total eviction, actual or constructive?
What is tenant's relief for partial actual eviction?
Stop paying rent for entire premises, or pay rent and sue for damages - factors to consider in choosing between alternatives.
Is a total abatement of rent draconian where the taking amounts to approximately 12 square feet of space out of between 15,000 and 19,000 square feet? The Appellate Division, First Department decision in Eastside Exhibition Corp. v. 210 East 86th Street Corp..
What is tenant's relief for a partial constructive eviction?
"Self-help" eviction.
Governing legal principles. CLE Credit
Information
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This program is has been approved for credit in NY, WA |
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Panelist
Biographies
William J. Robbins
Partner
Rosenberg & Estis
New York, NY
William J. Robbins is a Litigation/Appeals partner at Rosenberg & Estis, a NYC based firm specializing in all manner of real estate transactions and litigation. He represents commercial owners and tenants in litigation relating to lease disputes. He has also represented cooperative boards in the enforcement of the terms of proprietary leases, and has handled litigation relating to real estate brokerage commissions.
Mr. Robbins¿ in-depth knowledge of the law also manifests itself in the Landlord/Tenant Law column that he has co-authored for the New York Law Journal since 1993, and in the New York Landlord-Tenant chapter he co-authored in West¿s multi-volume treatise General Practice in New York. Bill is also a graduate of the National Institute of Trial Advocacy. He studied as an undergraduate at Yale University and received his J.D. from Harvard Law School.
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Evictions: Actual, Partial, Constructive, Risks & Remedies
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