Features

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

Debt Originations May Have Bottomed
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.
Features

Sui Generis: Negotiate Like You Mean It
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
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.
Features

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

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

Sui Generis: Draft Like You Mean It
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
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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