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Office and retail space is in plentiful supply, as a hybrid workforce has led to smaller average office footprints and many retailers closed locations during the COVID-19 pandemic. These high vacancy rates have caused landlord defaults to be on the rise, making it a tenant-friendly environment for leasing space and obtaining tenant-favorable lease terms.
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Notice of Pendency In Commercial Real Estate Transactions
By Adrienne B. Koch
Parties to real estate transactions may be tempted to conclude that a notice of pendency will be available in most instances to protect their rights if things go awry. But while the CPLR’s description of actions in which a notice of pendency is permitted sounds both clear-cut and extremely broad, in practice it is neither of those things.
Holding Water: Water Terms Used Within the Commercial Property Policy
By Christine G. Barlow
Water issues are often confusing and involve multiple undefined terms such as plumbing, sewer, drain, overflow, or discharge. This article reviews how the terms are applied in the commercial property policy.
Issues and Ramifications of Leasing to Cannabis Providers
By Brian Peykar
The legalization of cannabis in New Jersey has created tremendous economic opportunities for commercial and industrial property owners. Aside from the potential financial benefits, property owners should approach this newer market in a cautious manner before embarking on leasing to cannabis retailers and/or growers given the multitude of issues and concerns surrounding the cannabis industry.
New York City’s Guaranty Law Invalidated
By Deborah E. Riegel
New York's Guaranty Law was challenged as unconstitutionally restricting a plaintiff's contractual rights The District Court held the law to be constitutional because it advanced a significant and legitimate public purpose through reasonable and appropriate means.
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