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Questions Answered by John Robert Skrabanek
1 Answer | Asked in Landlord - Tenant for New York on
Q: Commercial rent dispute in NY. Judge set prelim. conference after SJ motion. Should defense try to settle before prelim?

Plaintiff filed claim for unpaid rent. Defense responded that they were unable to pay rent due to COVID and BLM protests (and thus, are not in breach), and are invoking force majeure clause. Plaintiff filed motion for summary judgment. Defense responded to summary judgment motion. Judge now set... Read more »

John Robert Skrabanek
John Robert Skrabanek answered on Sep 15, 2020

Either could work. Generally, settling earlier rather than later is often in the parties' best interests because they reduce their overall transaction costs. The longer the dispute continues, the more the parties have to expend in furthering their interests. However, often settling early is... Read more »

1 Answer | Asked in Mergers & Acquisitions and Real Estate Law for New York on
Q: Does an easement appurtenant ends when the servient estate obtains title to the Dominant estate?

Or in order for the merger doctrine to be applicable the dominant estate must obtain title to the servient estate?

John Robert Skrabanek
John Robert Skrabanek answered on Aug 2, 2020

Title is taken by an individual or entity, not the land. If the same owner takes title to both the dominant and servient estates, then the easement is extinguished through the "merger" of the estates. I hope this helps answer your question.

1 Answer | Asked in Employment Discrimination for New York on
Q: I’m PerDiem employee. I emailed my boss saying I can no longer work Sundays. I’m Christian. She said no. She can do this

Can I say for religious reasons ? Church is very important to me. It wasn’t a problem before. I didn’t work Sundays in the beginning - I only worked Sundays now because of Covid. Church was closed. But now it’s going to open.

John Robert Skrabanek
John Robert Skrabanek answered on Jul 27, 2020

Your employer is within its rights to not exempt you from having to work on Sundays so long as the employer does not provide preferential treatment to other co-workers of different faiths. If, for example, the employer gives other non-Christian employees one day off each week for their own... Read more »

4 Answers | Asked in Real Estate Law for New York on
Q: Can a seller accept a 2nd purchase offer after signing and accepting mine in NY state?

I submitted a offer on a house. The seller countered and I accepted. The seller's agent then called my agent stating there was an escalation offer at ask and could we offer seller a little more. I offered $10,000 more. The seller accepted and signed the paperwork, which is sitting at... Read more »

John Robert Skrabanek
John Robert Skrabanek answered on Jul 21, 2020

The sales contract--not just the offers--must be signed by both parties to be enforceable.

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