-
New York Real Estate Law Reporter
Changes in Lot Number: When Does a Purchaser Have a Duty to Inquire?
Stewart E. Sterk
Block and lot indexes prevalent in New York City were designed to make title searches simpler than those necessary under the grantor-grantee index system prevalent in many other areas of the state and country. Suppose, however, block and lot numbers change over time. To what extent are purchasers on notice of deeds recorded under a block and lot number different from the one prevalent at the time of purchase?
Read More ›
-
New York Real Estate Law Reporter
Real Property Law
Constructive Trust Does Not Require Transfer In Reliance
Failure to Obtain Subdivision Approval Does Not Make Title Unmarketable
Accounting Necessary When Property Is Purchased With Wrongfully Appropriated Funds,br>
Church Documents Establish That Synod Did Not Wrongfully Take Local Church’s Property
Allegations of Fraud Insufficient to Extend Statute of Limitations on Foreclosure Action
Bona Fide Purchaser Prevails Over Mortgagee of Erroneously Discharged Mortgage
Read More ›
-
New York Real Estate Law Reporter
Development
Landonwner Entitled to Nonconforming Use Status
Public Trust Claim Reinstated
Read More ›
-
New York Real Estate Law Reporter
Landlord & Tenant Law
Tenant Not Entitled to Recover Consequential Damages for Second Hand Smoke
Tenant Failed to Establish Constructive or Actual Eviction
Failure to Send Statutory Notice Subjects Apartment to Rent Stabilization
Overcharge Claim Dismissed Because DHCR Had Primary Jurisdiction
Read More ›
-
New York Real Estate Law Reporter
Co-ops & Condominiums
Purchaser Entitled to Return of Downpayment When Co-Op Failed to Consent
Read More ›
-
Commercial Leasing Law & Strategy
A Tenant’s Perspective on SNDAs: Non-Disturbance Is Not Enough
James O’Brien
Part Two of a Two-Part Article
Part One of this article outlined the basic elements of a subordination, non-disturbance and attornment agreement (SNDA), which regulates two competing interests in the same property — tenant’s right to possess its premises pursuant to its lease and mortgage lender’s security interest in that same premises. Part Two explains the differences between the concepts of “non-disturbance” and “recognition,” while contending that lease recognition is more important to the tenant than not having its possession disturbed.
Read More ›
-
Commercial Leasing Law & Strategy
Legal Possession: What Does It Mean?
Thomas. C. Lambert and Steven Shackman
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is “the fact of having or holding property in one’s power.” That power means having physical dominion and control over the property.
Read More ›
-
Commercial Leasing Law & Strategy
Case Notes
Court Decides Who Is the ‘Prevailing Party’
No Duty to Collect Rent from Subsequent Tenant
Read More ›
-
New York Real Estate Law Reporter
Knick: Opening the Federal Courts to Taking Claims
Stewart E. Sterk and Michael C. Pollack
When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.
Read More ›
-
New York Real Estate Law Reporter
Real Property Law
Mortgagee Entitled to Deficiency Judgment When Mortgagor’s Submissions Are Insufficient to Rebut Mortgagee’s Appraisal
Foreclosure Action Proceeds Despite Failure to Formally Discontinue Prior Foreclosure Action
Forbearance Agreement Tolled Statute of Limitations
Foreclosure Proceeding Dismissed for Lack of Standing Did Not Accelerate Mortgage
Read More ›
-
New York Real Estate Law Reporter
Landlord & Tenant
Landlord Failed to Rebut Presumption of Willfulness
Landlord Substantiated Individual Apartment Improvements
Vacatur of Stipulation for Use and Occupancy Overturned
Occupant’s Deception Waived Succession Rights
Setting Rent for Unit First Decontrolled In 1954
Read More ›
-
New York Real Estate Law Reporter
Co-ops & Condominiums
Commercial Units Should Be Counted In Determining Amount of Reserve Fund
Read More ›
-
Commercial Leasing Law & Strategy
A Tenant’s Perspective on SNDAs: Non-Disturbance Is Not Enough
James O’Brien
Part One of a Two-Part Article
This article outlines the basic elements of an SNDA and will explain the differences between the concepts of “non-disturbance” and “recognition,” while contending that lease recognition is more important to the tenant than not having its possession disturbed.
Read More ›
-
The Bankruptcy Strategist
Lessor Repossession of Property on Eve of Lessee Bankruptcy
Theresa A. Driscoll
Voluntary Turnover or Face Contempt
Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until such time as the debtor seeks, and obtains, an order of turnover.
Read More ›
-
Commercial Leasing Law & Strategy
Fees on Fees
Joseph I. Farca
Collecting the Legal Fees It Cost You to Collect Legal Fees
Does your New York commercial lease form expressly provide that the landlord may recover the legal fees it incurs to recover legal fees from its tenant? If not, then the landlord may be out of luck trying to recover such “fees on fees,” as they are known. But it wasn’t always this way.
Read More ›
-
Commercial Leasing Law & Strategy
New York’s 2019 Rent Laws: Impact on Commercial Landlords
Daniel J. Ansell
NY Gov. Andrew Cuomo signed legislation modifying existing rent laws and enacting significant landlord-tenant reforms. To date, the real estate industry has focused primarily on the sweeping impact the new laws will have on residential tenancies and the deregulation of rent-stabilized apartments. The reforms, however, also dramatically impact commercial tenancies by altering non-residential summary proceedings and significantly hampering the ability of commercial landlords to respond effectively and quickly to tenant defaults.
Read More ›
-
The Bankruptcy Strategist
Resolving the Competing Desires of Buyers and Tenants In Bankruptcy
Daniel A. Lowenthal
A Tension Between §§363(f) and 365(h)
How do bankruptcy judges resolve the competing desires of buyers and tenants? Must buyers bid for property knowing that tenants might have the right to stay if their leases are rejected? Are tenants in jeopardy that they might have to move elsewhere to live or work?
Read More ›
-
Commercial Leasing Law & Strategy
Case Notes
Despite State Law, Merger Extinguishes Renewal Rights of Successor in Interest
Court May Rely on Parole Evidence to Show Illegal Purpose of Sublease
Read More ›
-
Commercial Leasing Law & Strategy
Deciphering the Tax Status of Leased Property
Janice G. Inman
Is a property leased to a farming tenant a commercial property or an agricultural property? What about a building leased to a government entity? The distinction can make a difference in the tax laws that apply to the parcel.
Read More ›
-
Commercial Leasing Law & Strategy
How a Call to Service May Impact Rights and Obligations Under a Lease
Andrew Dector
When members of the military are be called into action, the impact could be felt right here at home by our commercial landlords, especially those whose tenants are composed of businesses owned or operated by a sole proprietor, or an owner with one or two employees.
Read More ›
-
Commercial Leasing Law & Strategy
Lessor Repossession of Property on Eve of Lessee Bankruptcy: Voluntary Turnover or Face Contempt
Theresa A. Driscoll
Lessors who repossess property immediately prior to a lessee bankruptcy filing may be required to return such property or face sanctions by the bankruptcy court. Federal courts are currently split on the issue of whether the lessor must voluntary surrender property seized pre-petition or may hold such property until the debtor obtains an order of turnover.
Read More ›
-
Commercial Leasing Law & Strategy
Achieving Commercial Real Estate Success Post-Brexit
Mathew B. Tully and Barry Crushell
Proper planning and the ability to pivot will help American companies with UK, EU commercial property interests.
Read More ›
-
Commercial Leasing Law & Strategy
Case Notes
Failure to Read Lease is Not Fatal to Claim
Read More ›
-
New York Real Estate Law Reporter
Analyzing the New Tenant Protections
Mark Hakim
On June 14, 2019, New York lawmakers approved, and Governor Cuomo signed, the “Housing Stability and Tenant Protection Act of 2019.” The Act contains a series of laws affecting all rentals within the State of New York, making permanent New York’s rent regulation laws, which proponents say will ensure that New York’s tenants are protected. However, as with any legislation, especially one that seems to have been enacted hastily, there are unintended and possibly quite adverse long-term consequences.
Read More ›
-
New York Real Estate Law Reporter
Landlord & Tenant
40-Year Lease Invalid
Read More ›
-
New York Real Estate Law Reporter
Real Property Law
Cancellation of Satisfaction Denied
Questions About Meeting of Minds
Statute of Limitations Bars Foreclosure Action
Merger Doctrine
Unjust Enrichment
Mortgage Acceleration Revoked
Deed Valid When Not Intended As Security for Mortgage Debt
Specific Performance Denied for Failure to Show Ability to Close
Read More ›
-
New York Real Estate Law Reporter
Eminent Domain Law
Award of Contingent Attorney’s Fees
Read More ›
-
New York Real Estate Law Reporter
Development
Laches Bars Action to Enjoin Construction
Community Garden Not Inalienable Parkland
Read More ›
-
New York Real Estate Law Reporter
Let Freedom (of Contract) Ring: Yellowstone Waivers Are Enforceable
Joshua Kopelowitz and Richard Corde
This is the third in a series of articles exploring whether parties to a commercial lease can contractually waive a tenant’s right to seek a Yellowstone injunction. In a recent ruling, the Court of Appeals, in 159 MP Corp. v Redbridge Bedford, LLC, left no doubt that a contractual waiver of a right to seek a declaratory judgment and/or a Yellowstone injunction in a commercial lease is enforceable.
Read More ›
-
New York Real Estate Law Reporter
Co-ops & Condominiums
Merger Doctrine Precludes Unit Owner’s Action Against Sponsor
Read More ›
-
New York Real Estate Law Reporter
Development
Denial of Site Plan Upheld
Read More ›
-
New York Real Estate Law Reporter
Landlord & Tenant
Stay of Warrant of Eviction Constitutes Reasonable Accommodation Under Fair Housing Act
Read More ›
-
New York Real Estate Law Reporter
Real Property Law
Statute of Limitations Does Not Bar Foreclosure
Mortgage on Church Property Not Properly Authorized
Sale Contract Precludes Fraud Claim
Seller’s Representations Did Not Survive Closing
Foreclosure Action Time Barred
Mortgagor Fails to Establish Forgery
Mortgagee May Bring Action on Promissory Note; Not Limited to Foreclosure Remedy
Summary Judgment Denied In Action to Set Aside a Deed for Fraud
Read More ›
-
Commercial Leasing Law & Strategy
Landlord Considerations When Drafting Assignment and Subletting Provisions
Mark Morfopoulos
Restricting a tenant’s right to transfer the property it is leasing to a third party is a key component to any lease. Many lenders require landlords to obtain lender consent before the transfer is effective. Failure to obtain such consent could lead to a landlord’s default under the terms and conditions of the loan documents, so it is imperative for a landlord to review its loan documents each time it receives a request from a tenant to transfer its interest under the lease.
Read More ›
-
Commercial Leasing Law & Strategy
Retail’s New Normal
Natalie Dolce
Welcome to the evolving world of retail — a world that is geared toward changing the way people engage in retail and retail destinations feature a blend of entertainment, experiences and services.
Read More ›
-
New York Real Estate Law Reporter
Court of Appeals Upholds Privatization of Interior Landmark
Stewart E. Sterk
The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission (LPC) to designate interior landmarks as well as exterior landmarks. An interior site is eligible for designation only if the public has access to the site, but once the LPC has designated the interior landmark, can the LPC authorize its owner to close the landmark to public access?
Read More ›
-
Commercial Leasing Law & Strategy
Permitted Uses: Flexibility and Adaptability
Glenn A. Browne
When negotiating permitted-use clauses under retail leases, landlords attempt to achieve the most comprehensive limitations possible so as to avoid conflicts with other tenants’ leases and violations of exclusive-use clauses that are maintained by other tenants in the retail facility. Tenants, however, should be very careful to incorporate a certain degree of flexibility and adaptability into their leases’ permitted-use clauses to take into account an evolving landscape.
Read More ›
-
New York Real Estate Law Reporter
Development
City Not Estopped from Preventing Construction of Building Despite Longstanding Interpretation of Zoning Resolution
Read More ›
-
New York Real Estate Law Reporter
Real Property Law
Broker Breaches Fiduciary Duty By Making Offer That Competes With Client
Amendment to Association Bylaws Not Effective Until They Are Recorded
Seller Entitled to Cancel Contract When It Could Not Clear Title
Buyer’s Waiver of Defects In Title Preclude Cancellation By Seller
Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues
Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner
Easement By Prescription Established
Read More ›
-
Commercial Leasing Law & Strategy
The Unlicensed Real Estate Broker in New York: Beware
Janice G. Inman
The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.
Read More ›
-
Commercial Leasing Law & Strategy
The Best Markets for Opportunity Zone Investors
Paul Fiorilla
Opportunity zones are the latest big thing to hit the commercial real estate market, but many questions remain, including details of how deals can be structured, the best strategy for investing and just how much property there is in the zones.
Read More ›
-
New York Real Estate Law Reporter
Landlord & Tenant Law
Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied
Read More ›
-
New York Real Estate Law Reporter
Eminent Domain
Industrial Development Agency’s Determination Rationally Related to Stated Public Purpose
Industrial Development Agency Did Not Have Authority to Condemn Land Already Used for a Public Purpose
Read More ›
-
Commercial Leasing Law & Strategy
Negotiating Relocation Rights
Terrence M. Dunn
Despite the apparent risks, relocation provisions are frequently not a potential tenant’s priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.
Read More ›
-
Commercial Leasing Law & Strategy
Negotiating Relocation Rights
Terrence M. Dunn
Despite the apparent risks, relocation provisions are frequently not a potential tenant’s priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.
Read More ›
-
New York Real Estate Law Reporter
Covenants That Run with the Land Can Be Waived
Jeffrey Turkel
Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
Read More ›
-
New York Real Estate Law Reporter
Eminent Domain Law
No Consequential Damages When State Takes Neighbor’s Land
Read More ›
-
New York Real Estate Law Reporter
Development
Nonconforming Use Not Discontinued
Developer’s Rico, Estoppel, and Equal Protection Claims Dismissed
Denial of Area Variance Overturned
Read More ›
-
New York Real Estate Law Reporter
Real Property Law
Affirmative Covenant Enforceable Against Successor Developer
Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable
Read More ›
-
New York Real Estate Law Reporter
Landlord & Tenant
Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed
Failure of Consideration a Defense In Action Against Tenant’s Guarantor
Read More ›
