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This article is a follow-up instalment to Part One in this series, “Sui Generis: Draft Like You Mean It,” from the March issue. As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two addresses various negotiation events, strategies, desired outcomes and potentially low key disasters. The previous article talked about language nuances, Part Two deals with what happens when you talk about those things — how these items should be discussed and what positions are worth taking and which aren’t (the repetition of the word “talk” is deliberate, because it’s all about the talking to produce the results). Blacklines can only talk to each other for so long until actual humans need to verbally interface (well, at least until AI takes over).
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New York’s Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of New York's Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
Don’t Get Caught Holding a Conditional Loan Approval at Closing
By Matthew Kramer
With rising interest rates and more stringent lending standards for both residential and commercial properties, security deposit disputes caused by buyers’ inability to satisfy pre-closing purchase-financing conditions are also increasing.
New York’s Seldom Used Expedited Money Judgment Mechanism: CPLR 3213
By Massimo F. D’Angelo and Gregory Wong
In New York state and local court cases, there is a seldom-used procedural mechanism for obtaining an expedited money judgment against a guarantor. This article provides an overview of CPLR 3213 motions, an update on the resolution of the split that previously existed between the New York State Supreme Court, Appellate Division, First and Second Departments, and practical guidance for transactional counsel drafting commercial leases and guaranties.
Mixed-Use Is Sector Is the Post-Pandemic Choice for Commercial Real Estate Developers
By Jack Rogers
The trinity at the core of traditional mixed-use projects — office, retail and residential — rapidly is evolving to bring a wide variety of project-specific uses to mixed-use development projects.
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