Fallsburg Land Use & Zoning Lawyer, New York

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E. Danielle Jose-Decker

Family Law, Land Use & Zoning, Wills, Traffic
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Tobias A. Lake

Land Use & Zoning, Environmental Law
Status:  In Good Standing *Status is reviewed annually. For latest information visit here           

Free Help: Use This Form or Call 800-814-6700

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800-943-8690

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LEGAL TERMS

GROSS LEASE

A commercial real estate lease in which the tenant pays a fixed amount of rent per month or year, regardless of the landlord's operating costs, such as maintena... (more...)
A commercial real estate lease in which the tenant pays a fixed amount of rent per month or year, regardless of the landlord's operating costs, such as maintenance, taxes and insurance. A gross lease closely resembles the typical residential lease. The tenant may agree to a 'gross lease with stops,' meaning that the tenant will pitch in if the landlord's operating costs rise above a certain level. In real estate lingo, the point when the tenant starts to contribute is called the 'stop level,' because that's where the landlord's share of the costs stops.

BREACH OF CONTRACT

A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our con... (more...)
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, 'The roofer breached our contract by using substandard supplies when he repaired my roof.'

BASIS

For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)
For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.

BEQUEST

The legal term for personal property (anything but real estate) left in a will.

DIVIDEND

A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash,... (more...)
A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash, though they may also be paid in the form of additional shares of stock or other property. The amount of a dividend is established by the corporation's board of directors; however, state laws often restrict a corporation's ability to declare dividends by requiring a minimum level of profits or assets before the dividend can be approved.

BOND

(1) A written agreement purchased from a bonding company that guarantees a person will properly carry out a specific act, such as managing funds, showing up in ... (more...)
(1) A written agreement purchased from a bonding company that guarantees a person will properly carry out a specific act, such as managing funds, showing up in court, providing good title to a piece of real estate or completing a construction project. If the person who purchased the bond fails at his or her task, the bonding company will pay the aggrieved party an amount up to the value of the bond. (2) An interest-bearing document issued by a government or company as evidence of a debt. A bond provides pre-determined payments at a set date to the bond holder. Bonds may be 'registered' bonds, which provide payment to the bond holder whose name is recorded with the issuer and appears on the bond certificate, or 'bearer' bonds, which provide payments to whomever holds the bond in-hand.

DIRECTOR

A member of the governing board of a corporation, typically elected at an annual meeting of the shareholders. Directors are responsible for making important bus... (more...)
A member of the governing board of a corporation, typically elected at an annual meeting of the shareholders. Directors are responsible for making important business decisions -- especially those that legally bind the corporation -- leaving day-to-day management to officers and employees of the corporation. For example, a decision to borrow money, lease an office or buy real property would normally be authorized by the board of directors. However, in the small business world, where it is common for owners to be directors, officers and employees simultaneously, distinctions dividing the roles and responsibilities of these groups are often blurred.

EXCLUSIVE LICENSE

A valid contract in which a copyright owner authorizes another person or entity (called the licensee) to exclusively exercise one or more of the rights (or port... (more...)
A valid contract in which a copyright owner authorizes another person or entity (called the licensee) to exclusively exercise one or more of the rights (or portion of such rights) that belong to the copyright owner under the copyright. The licensee is said to 'own' the rights granted in the license and is referred to as a copyright owner.

ASSIGNMENT

A transfer of property rights from one person to another, called the assignee.

SAMPLE LEGAL CASES

CASPIAN v. Zoning Bd.

The issue on this appeal is whether a municipal zoning board may deny requested area variances on the basis of common-law principles that are independent of the statutory factors enumerated under Town Law § 267-b (3). In particular, we are asked to determine whether ongoing ...

MATTER OF GENSER v. Board of Zoning and Appeals of Town of North Hempstead

Meanwhile, after a public hearing on January 3, 2006, the Town of North Hempstead adopted the zoning amendment which provided, inter alia, that the minimum lot width in the residence A district where the lot is located must be either 65 feet or the average width of the lots ...

MATTER OF WEST BEEKMANTOWN NEIGHBORHOOD ASSOCIATION, INC. v. Zoning Board of Appeals of the Town of Beekmantown

Petitioners contend that the ZBA's issuance of a negative declaration and subsequent grant of the conditional use permit was improper because the determination that the proposed wind farm constituted an essential service as defined by the Town Zoning Law was arbitrary and ...

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