• Features

    Sui Generis: Draft Like You Mean It

    Lydia Pilch

    The automatic acceptance of various boilerplate clauses in commercial leases in the face of jurisprudential modernity and evolving legal approaches is dangerous. The evolutionary exploits of a commercial lease aren’t done yet, nor should they be.

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  • Features

    NYC Guarantor Liability for Post-Window-Period Rent

    Cheryl Ginsburg

    In Tamar Equities Corp. v. Signature Barbershop 33 Inc., the Appellate Division analyzed whether the Guaranty Law bars recovery from a guarantor where a commercial tenant’s default initially arose during the Guaranty Law’s window period, but persisted after its expiration.

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  • Features

    Exploring Debt Restructuring Options for CRE Owners

    Michael Criscito

    In the dynamic landscape of real estate, commercial real estate owners often find themselves facing financial challenges that necessitate a strategic approach to debt management. In such cases, exploring debt restructuring options becomes a crucial consideration.

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  • Features

    ‘Yellowstone’ Injunctions: Navigating the Wild West of Commercial Lease Disputes

    Janet Kljyan and Charles F. Martin III

    The Yellowstone injunction is implicated in nearly every lease for commercial real property in the state of New York, yet most landlords and tenants do not know what it is or how it affects them. Below is a succinct overview of its implications so that commercial landlords and tenants can better navigate lease disputes.

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  • Features

    Are Recent Regulations Dooming Franchising?

    Marc Lieberstein and Chris Caiaccio

    In 2024, franchising may need to overcome and work around the recent government regulation that goes to the very heart of the franchising relationship and the way franchise businesses operate,

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  • Features

    The New Basel Regulations Could Bite CRE

    Erik Sherman

    If you haven’t heard of Basel III, you’ve got company. International banking regulations aren’t typical beach reading. But some people who have been poring through these new banking regulations are not looking happy.

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  • Features

    Cost Segregation: Don’t Overlook This Valuable Real Estate Tax Strategy

    Louis Guay

    Whether acquiring, constructing, or remodeling a real estate property, cost segregation remains one of the most powerful strategies to simultaneously optimize cash flow and taxes.

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