• Features

    Waiving the Right to Yellowstone Injunctive Relief

    Janice G. Inman

    In a case of first impression, and after it decided public policy would not be offended, New York’s Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a Yellowstone injunction in 159 MP Corp. v. Redbridge Bedford,

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  • Features

    The Tax Cuts and Jobs Act and How It Affects Real Estate

    Peter M. Fass

    Part Two of a Two-Part Article

    Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).

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  • Features

    Tenant Liability CERCLA Changes Under 2018 BUILD Act

    Nicole TK Moore

    One of the significant updates to the law is that now, a tenant at an industrial or manufacturing site can, under appropriate circumstances, claim the “bona fide prospective purchaser” defense to Superfund liability and escape strict, joint, and several owner/operator liabilities when leasing previously-contaminated property.

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  • Columns & Departments

    Case Notes

    Lease Assignee Can Make Claim that Appears to Concern Only Property’s Owners

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