Gibbons Law Alert

Gibbons Law Alert

Category: Real Estate

New York Real Property Owners at Risk for Exposure to Joint and Several Liability in Connection with Trademark Counterfeiting Taking Place on Their Property

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Posted in Real Estate / Trademark Counterfeiting

On September 22, 2015

Brand owners are increasingly asserting claims against owners of real property where alleged trademark counterfeiting is taking place. Three recent actions filed in the Southern District of New York, styled Michael Kors, LLC v. Mulberry Street Properties Corp., et. al., 15-cv-5504 (S.D.N.Y.); Michael Kors, LLC v. Canal Venture, Inc. et. al., 15-cv-5788 (S.D.N.Y.); and Michael Kors, LLC v. Mid Center Equities Associates, et. al., 15-cv-5856 (S.D.N.Y.), raise the question of when property owners/lessors can be held jointly and severally liable for damages resulting from the sale of counterfeit goods on their properties.

New Jersey Tax Court Alarms Nonprofits in the Morristown Memorial Hospital Case

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Posted in Real Estate

On August 10, 2015

In a detailed and closely-watched decision issued on June 25, 2015, Judge Vito Bianco, a New Jersey Tax Court judge sitting in Morristown, denied a property tax appeal of Morristown Memorial Hospital. This case, AHS Hospital Corp., d/b/a Morristown Memorial Hospital v. Town of Morristown, has received great attention in the press for good reason. By holding that a nonprofit hospital is not exempt from paying real estate taxes, the implication is that many hospitals could face this fate as well. For municipalities, this will be welcome news, but for hospitals – and, potentially, other nonprofits – this is a very unwelcome result.

No Specific Waiver, No Arbitration: Enforceability of Arbitration Provisions in New Jersey Real Estate Contracts in Doubt Following Dispenziere v. Kushner Cos.

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Posted in Development/Redevelopment / Real Estate / Transactional Real Estate and Leasing

On January 5, 2015

Companies doing business in New Jersey and accustomed to settling contract disputes through binding arbitration should carefully review their contracts – and carefully draft all future contracts – to ensure that each arbitration provision contains clear and unambiguous language that the parties are waiving their rights to sue in court. An arbitration clause stating that all disputes will be determined through binding arbitration, but failing to contain this explicit waiver, may not be enforceable in accordance with the recent holding by the Appellate Division in Dispenziere v. Kushner Cos.

Gibbons Directors Howard Geneslaw and Lawrence Lustberg to Speak at 2014 New Jersey Planning Conference

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Posted in Development/Redevelopment / Real Estate

On January 22, 2014

Howard D. Geneslaw, a Director in the Gibbons Real Estate Development practice group, and Lawrence S. Lustberg, a Director in the Gibbons Criminal Defense Department, as well as the Director of the firm’s John J. Gibbons Fellowship in Public Interest & Constitutional Law, will both speak at the “2014 New Jersey Planning Conference” presented by the New Jersey Chapter of the American Planning Association on January 23-24.

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