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The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue. In addition, the plaintiff was not able to use the doctrine of quantum meruit to make an end-run around the state’s prohibition on its courts’ providing assistance to unlicensed real estate brokers. Howard Carr Cos. v. Cumberland Farms, 2019 U.S. Dist. LEXIS 24895. The case highlights the pitfalls of attempting to broker a commercial real estate deal without an official license from the state. When things don’t work out just as agreed, the “broker” will often be left without recourse against a client who has made different plans.
By Elizabeth Kluger Cooper and Zach Boroson
Market forces — such as workplace design, demographics and urbanization, capital flow and technology — are driving the growth of flexible space.
By Terrence M. Dunn
What Tenants and Landlords Should Know
There are differences between assignments of leases and collateral assignments of leases, and each has aspects that parties to these agreements should expect and look out for. Let’s discuss some of these issues.
By John R. Low-Beer
The ‘Dreikausesn’ Paradox, Other Hurdles, and Suggestions for Change
Under current New York law, even the most meritorious legal challenge to property development faces insurmountable barriers once construction starts, because absent the most egregious wrongdoing, the courts will not order demolition of completed buildings, and current law makes it virtually impossible to obtain a preliminary injunction to halt construction.
By Janice Inman
It’s Not the Money Spent, It’s the Level of Conformance