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Commercial Litigation

  • In April, the United States Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies.

    June 01, 2024Stewart E. Sterk
  • 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.

    June 01, 2024Erik Sherman
  • 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.

    April 01, 2024Lydia Pilch
  • 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.

    April 01, 2024Matthew J. Schenker and Joshua Kopelowitz
  • 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.

    April 01, 2024Matthew Kramer
  • 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.

    April 01, 2024Massimo F. D'Angelo and Gregory Wong
  • 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.

    March 01, 2024Lydia Pilch