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LJN Quarterly Update: 2024 Q2
Steve Salkin
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
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Commercial Leasing Law & Strategy
NY High Court Sides With Other State Courts: COVID-19 Business Interruption Not Enough to State Claim Under Commercial Property Insurance
Howard B. Epstein and Theodore A. Keyes
Many businesses have sought to recover their pandemic losses under commercial property insurance policies, only to be denied coverage. A significant number of policyholders have filed lawsuits challenging these disclaimers, primarily in state courts. But to the dismay of the insureds, a growing majority of high state courts have sided with the insurers in these disputes.
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New York Real Estate Law Reporter
Landlord Liable for Retaliating Against Maker of False Discrimination Claim
Stewart E. Sterk
What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.
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Commercial Leasing Law & Strategy
Navigating the Intersections of Commercial Real Estate and Eminent Domain Actions
Ellen Smith and Elizabeth Story
For real estate attorneys, knowing how to navigate around eminent domain actions in the midst of various transactions and operations is critical to best position clients for the future condemnation conundrum.
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
ZBA Adequately Explains Reversal of Condition Imposed on Variance
Mandamus Does Not Lie to Compel Change In Zoning Designation
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
No Release of Escrow When Questions of Fact Remain About Breach
Questions of Fact Remain About Delay In Enforcing Easements
Merger Doctrine Bars Buyer’s Breach of Contract Claim
Partition Claim Premature Without Judicial Investigation
Reciprocal Easement Requires Cost-Sharing
Secretary of State Not Required to Adopt Inspection Regulations
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Commercial Leasing Law & Strategy
A Prepackaged Bankruptcy Could Be the Answer to a Mortgage Default
Timothy Little, Scott Vetri, Julie Lee and Peter Siddiqui
This article discusses the value of prepackaged bankruptcy as an alternative route for addressing commercial mortgage defaults in high tax jurisdictions.
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Landlord Not Entitled To Lock Out Subtenant
Landlord Did Not Release Tenant from Rent Obligation
Allowable Rent Increases Permitted Luxury Decontrol
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Commercial Leasing Law & Strategy
NJ Supreme Court: Commercial Property Owners Have a Duty to Maintain Abutting Sidewalks
Colleen Murphy
In a 4-3 decision on June 13, the New Jersey Supreme Court reversed an Appellate Division opinion in a slip-and-fall case, concluding that all commercial landowners have a duty to maintain public sidewalks and are liable to pedestrians who are injured as a result of their negligent failure to do so.
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Commercial Leasing Law & Strategy
Where CRE Prices Are Trending By Type
Erik Sherman
The Trepp Property Price Index (TPPI), which measures CRE price movements over time, is now generating sector-specific figures for multifamily, office, retail, industrial and lodging.
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Sale of Unit Did Not Extinguish Liability for Common Charges
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Commercial Leasing Law & Strategy
Majority of U.S. Law Firms Plan to Change Real Estate Footprint Over Next Two Years
Brenda Sapino Jeffreys
Roughly 85% of U.S. law firms plan to change the size of their real estate portfolio over the next two years, with more than half expecting to add space and about a third planning to reduce it.
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New York Real Estate Law Reporter
Supreme Court Limits Impact Fees
Stewart E. Sterk
In April, the U.S. 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. The Court’s decision may have an impact on fees New York municipalities impose on developers in lieu of developer-provided parkland.
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Commercial Leasing Law & Strategy
NY Appellate Court Provides Practical Guide to Commercial Landlord’s Bankruptcy Damage Claims
Michael L. Cook
The Southern District of New York affirmed a bankruptcy court’s holding that the statutory cap on a landlord’s damage claim “applies to [its] claim against a [Chapter 11] debtor-guarantor.”
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
Damage Limitation Does Not Require Dismissal of Buyer’s Claim When Buyer Alleges Bad Faith
Easement Not Extinguished By Adverse Possession
Neighbor Required to Provide License for Construction Entitled to Full Indemnity Against Claims
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Commercial Leasing Law & Strategy
U.S. Supreme Court Limits Development Impact Fees
Stewart E. Sterk
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.
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Landlord Did Not Accept Tenant Surrender
Questions of Fact About Constructive Eviction
Housing Discrimination Claim Survives Summary Judgment Motion
Deregulation Claim Not Barred By Four-Year Rule
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Commercial Leasing Law & Strategy
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
Tim Haught
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Unit Owner’s Claim Against Condo Board for Inaction Survives Summary Judgment Motion
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
Constitutionality of Boarding House Definition
Town’s Use of Escrow Funds Upheld
Planning Board Failed to Consider Public Safety Issue
Denial of Special Permit Upheld Due to Traffic Concerns
Questions of Fact About Whether Agreement Included Acquisition of Air Rights
Zoning Amendment Not Arbitrary Even If It Would Authorize Uses Prohibited By Restrictive Covenants
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Commercial Leasing Law & Strategy
$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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Commercial Leasing Law & Strategy
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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Commercial Leasing Law & Strategy
Sui Generis: Collaborate Like You Mean It
Lydia Pilch
Part Three of a Series
This article offers up some thoughts about how lawyers ought to access and manage resources in order to provide a multi-faceted, full-service approach to addressing their clients’ needs.
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New York Real Estate Law Reporter
When Is A Pretext By A Municipality A Bar To Land Use Approvals?
Steven M. Silverberg
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
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Commercial Leasing Law & Strategy
Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?
Steven M. Silverberg
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
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New York Real Estate Law Reporter
Co-Ops and Condominiums
New York Real Estate Law Reporter Staff
Housing Discrimination Claim Dismissed
Co-Op Did Not Breach Shareholder’s Guaranty Agreement
Co-Op Not Exempt from Lead Paint Mandate
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Commercial Leasing Law & Strategy
Court Caps Landlord's Bankruptcy Claim Against Lease Guarantor
Andrew C. Kassner and Joseph N. Argentina Jr.
Given that landlord damage claims could overwhelm other creditor claims in a tenant’s bankruptcy case, the Bankruptcy Code includes a provision that limits a landlord’s claim, which presents challenges for landlords as creditors in bankruptcy cases.
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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval
Applicant Entitled to Permit For Small Wireless Facilities
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Commercial Leasing Law & Strategy
Due Diligence Commercial Leasing Best Practices In New Jersey
Zachary Rosenberg
Due diligence for CRE loans involves a comprehensive review and analysis of the various conditions and risks associated with the property being mortgaged, with the goal of mitigating such risks to the greatest possible extent before closing the loan.
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Occupation of Premises Does Not Establish Assignment By Operation of Law
Amendment to Rent Stabilization Law Is Not Unconstitutional
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
Summary Judgment Denied On Prescriptive Easement Claim
Summary Judgment Denied On Breach of Contract Claim
Contract Condition Was For Benefit of Both Parties
Statute of Limitations Did Not Bar Claim of Permanent Physical Encroachment
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Commercial Leasing Law & Strategy
Proposed Cybersecurity Rule Could Affect Many CRE Landlords
Erik Sherman
Attacks on building systems could easily be deemed within the scope of the rule and real estate owners who lease to covered entities would likely have to quickly report cyber incidents within 72 hours and payments made after a ransomware attack within 24 hours.
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Commercial Leasing Law & Strategy
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.
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New York Real Estate Law Reporter
The Guaranty Law Continues to Divide Opinion
Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the 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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Commercial Leasing Law & Strategy
New York’s Guaranty Law Continues to Divide Opinion
Matthew J. Schenker and 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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New York Real Estate Law Reporter
Development
New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
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Commercial Leasing Law & Strategy
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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Commercial Leasing Law & Strategy
New York’s Seldom Used Expedited Money Judgment Mechanism: CPLR 3213
Massimo F. D’Angelo and 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.
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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
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New York Real Estate Law Reporter
Real Property Law
New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest
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Commercial Leasing Law & Strategy
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.
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Housing Discrimination Claim Dismissed
Co-Op Did Not Breach Shareholder’s Guaranty Agreement
Co-Op Not Exempt from Lead Paint Mandate
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Commercial Leasing Law & Strategy
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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Commercial Leasing Law & Strategy
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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Commercial Leasing Law & Strategy
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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Commercial Leasing Law & Strategy
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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New York Real Estate Law Reporter
Guarantor Liability for Post-Window-Period Rent
Cheryl Ginsburg
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
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New York Real Estate Law Reporter
Co-ops and Condominiums
New York Real Estate Law Reporter Staff
Foreclosure on Lien for Common Charges Not Dismissed
Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure
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Commercial Leasing Law & Strategy
‘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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New York Real Estate Law Reporter
Landlord & Tenant Law
New York Real Estate Law Reporter Staff
Illegality Defense Raises Questions of Fact
Good Guy Guaranty Not Released
Exchange of Texts Does Not Constitute Settlement Agreement
Landlord’s Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal
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