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$8.6M Settlement In Florida Serves As Cautionary Tale for Commercial Real Estate Image

$8.6M Settlement In Florida Serves As Cautionary Tale for Commercial Real Estate

Michael A. Mora

"What's going to happen with affordable housing is that people are going to be living under the radar, trying to get under the leases and do not live there, and apartment owners need to be aware of that because they could be liable for that."

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Debt Originations May Have Bottomed Image

Debt Originations May Have Bottomed

Erik Sherman

CRE debt organization has continued to slow but has reached a virtually flat position, according to Newmark's 1Q24 State of the U.S. Capital Markets.

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Sui Generis: Negotiate Like You Mean It Image

Sui Generis: Negotiate Like You Mean It

Lydia Pilch

As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two of this series addresses various negotiation events, strategies, desired outcomes and potentially low key disasters.

Features

New York's Guaranty Law Continues to Divide Opinion Image

New York's Guaranty Law Continues to Divide Opinion

Matthew J. Schenker & 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.

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Don't Get Caught Holding a Conditional Loan Approval at Closing Image

Don't Get Caught Holding a Conditional Loan Approval at Closing

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.

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New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213 Image

New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213

Massimo F. D'Angelo & 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.

Features

Mixed-Use Is Sector Is the Post-Pandemic Choice for Commercial Real Estate Developers Image

Mixed-Use Is Sector Is the Post-Pandemic Choice for Commercial Real Estate Developers

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.

Features

Law Firm Offices Continued to Shrink In 2023, But Real Estate Costs Did Not Image

Law Firm Offices Continued to Shrink In 2023, But Real Estate Costs Did Not

Dan Roe

Despite the overall trend of downsizing, about 42% of the 80 Am Law 200 firms increased their real estate footprints in 2023. Proportionally, the downsizing was more aggressive than the footprint growth.

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Sui Generis: Draft Like You Mean It Image

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.

Features

NYC Guarantor Liability for Post-Window-Period Rent Image

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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