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New York Real Estate Law Reporter
Eminent Domain Law
NYRE Staff
State May Recover Part of Advance Payment from Condemnee
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New York Real Estate Law Reporter
Co-ops and Condominiums
NYRE Staff
Co-Op Entitled to Use and Occupancy Pendent Lite
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Commercial Leasing Law & Strategy
New York Cannabis Law’s Lease Mandate Catch-22
Marjorie J. Peerce, Michael P. Robotti and Kamera Boyd
New York’s recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.
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Commercial Leasing Law & Strategy
COVID-19 and Lease Negotiations: Tenant Security
Ann E. Ryan and Adrienne B. Koch
The pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security — guaranties and cash security deposits. This article examines the impact of the pandemic on each of those types of security and offers some suggestions for landlords going forward.
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
Absent Express Language, Restrictive Covenant Does Not Run With the Land
Mortgagee Not Entitled to Expungement of Satisfaction
Junior Mortgagee Entitled to Rely on Erroneously Recorded Satisfaction of Senior Mortgage
Easement Holders Entitled tTo Pave Easement to Improve Access
Federal Government Not Liable for Erosion Damages Caused By Alleged Failure to Maintain Jetties
Representations and Warranties Survive Closing
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New York Real Estate Law Reporter
Landlord & Tenant Law
NYRE Staff
Disability Discrimination Claim Dismissed As Moot
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Commercial Leasing Law & Strategy
Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound
Jeffrey M. Gussoff and Adriana M. Peters
Flexibility, creativity, and other tips for commercial leasing as 2021 comes to a close.
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New York Real Estate Law Reporter
Development
NYRE Staff
Board of Appeals Made Inadequate Efforts to Accommodate Religious Use
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Commercial Leasing Law & Strategy
Commercial Real Estate Investors Looking for Next Value Play
Erik Sherman
The rush to such sectors as industrial and multifamily has compressed cap rates, leaving many to reconsider how they measure value and leaning more toward internal rate of return.
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New York Real Estate Law Reporter
Appellate Division Upholds West Side Tower
Stewart E. Sterk
In a dispute over West Side development, the First Department handed a victory to developers seeking to build a 39-story building on the block between West 65th and West 66th Street, and Columbus Avenue and Central Park West.
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Commercial Leasing Law & Strategy
Selective Reassessment of Only Commercial Properties Violates the Uniformity Clause
Alan Nochumson and Clementa Amazan
The Commonwealth Court of Pennsylvania recently analyzed whether the City of Philadelphia’s selective reassessment in tax year 2018 of only commercial properties at current market value violated the Uniformity Clause and the Assessment Law’s requirement that the City assess all properties annually at actual market value.
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New York Real Estate Law Reporter
Real Property Law
Restrictive Covenant Enforceable Despite Permission By Successor Landowner
Insufficient Evidence of Street Dedication
Inadequate Notice to Mortgagee Voids Tax Sale
Court Reinstates Malpractice Claim Against Lawyer Alleged to Have Solicited Transfer of Title of Residence In Foreclosure
Notice of Pendency Provides Constructive Notice
Servient Owner Not Entitled to Alter Easement Location
Adverse Possession Defeats Co-Tenants’ Partition Action
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Commercial Leasing Law & Strategy
NY Appellate Courts Defer to Board of Standards In Zoning Cases
A recent case in New York's First Department highlights the extreme deference appellate courts accord Board of Standards and Appeals (BSA) determinations interpreting the extraordinarily complex zoning scheme.
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New York Real Estate Law Reporter
Development
Planning Board Took Requisite Hard Look Under SEQRA
Denial of Special Use Permit Upheld
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Commercial Leasing Law & Strategy
COVID-19 and Lease Negotiations: Casualty Provisions
Ann E. Ryan and Adrienne B. Koch
First in series of articles that will examine specific aspects of the COVID shift in which commercial lease negotiations are seeking protection against unlikely events. Part 1 focuses on casualty provisions.
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New York Real Estate Law Reporter
Eminent Domain
Condemnation Invalid for Failure to Establish Public Purpose
Read More ›
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New York Real Estate Law Reporter
Landlord & Tenant Law
Yellowstone Injunction Denied for Failure to Move on Time
Read More ›
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Commercial Leasing Law & Strategy
While Economy Recovers, Commercial Real Estate May Be Due for a Correction
Beau Jones
Before investors get too carried away by the news of recovery in commercial real estate, they should pause to ask themselves, “what are we recovering from?”
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New York Real Estate Law Reporter
Co-ops and Condominiums
NYRE Staff
Residential Owners Have Claim for Inadequate Quality of Hotel Unit
Read More ›
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Commercial Leasing Law & Strategy
Migrating Businesses Help Grow South Florida CRE Market Despite, and Because of, the Pandemic
Melea VanOstrand
The South Florida office market has seen a shift due to COVID, with some downsizing and modifications of office buildings, but the influx of new potential tenants has helped mitigate any potential downsides other markets may have seen.
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New York Real Estate Law Reporter
Federal Class Action Available for Delay In Recording Mortgage Satisfaction
By Jonathan Robbin
Because the Second Circuit held that a bare violation of New York’s Mortgage-Satisfaction-Recording Statutes without a demonstration of actual injury conferred federal jurisdiction, a mortgagor now has the ability to bring a class action in federal court.
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New York Real Estate Law Reporter
Landlord & Tenant Law
NYRE Staff
Tenant Did Not Establish Fraud to Warrant Application of DHCR’s Default Formula
Four-Year Lookback Rule Applied to Rent Determinations But Not to Determination of Rent-Stabilized Status
Tenant’s Impossibility and Frustration of Purpose Defenses Rejected
Tenant’s Frustration of Purpose Claim Survives
Neutral Appraiser Entitled to Examine Previous Appraisals
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Commercial Leasing Law & Strategy
Say it Ain’t So! Tortious Interference with a Sublease By a Master Landlord
Marisa L. Byram and Tyler V. Friederich
A South Carolina appellate court recently affirmed a trial court’s decision that a landlord had tortiously interfered with a sublease by terminating the master lease after a fire damaged the subject building and such landlord was liable to the subtenant for punitive damages.
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
Exclusion for Zoning Regulations Bars Title Insurance Claim
Transfer of Residential Properties Not a Fraudulent Transfer
Property Owner on Constructive Notice of City’s Relocation Lien
Fraudulent Transfer Finding Upheld
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Commercial Leasing Law & Strategy
Second Circuit Expands Federal Class Actions for Mortgagors
By Jonathan Robbin
The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.
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New York Real Estate Law Reporter
Co-ops and Condominiums
NYRE Staff
Summary Judgment Premature on Discrimination Claim
Defect In Recording Insufficient to Defeat Mortgage Priority
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Commercial Leasing Law & Strategy
Legal Issues of Leasing to Cannabis Businesses
Warren A. Estis and Alexander Lycoyannis
New cannabis businesses will need to lease commercial space in order to operate — and undoubtedly, many real estate owners are eager to meet this new demand. However, owners and prospective cannabis businesses have many legal issues and questions to consider before entering into lease agreements.
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New York Real Estate Law Reporter
Development
NYRE Staff
Zoning Amendment Did Not Lapse
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Commercial Leasing Law & Strategy
Force Majeure Clauses In Construction Contracts In the Aftermath of COVID-19
Jeffery R. Mullen and Fred Warren Jacoby
We are only beginning to scratch the surface of the effect on the construction litigation visited on us by COVID-19-related impacts. However, the pandemic and its continuing impact has reinforced the importance of planning for the unexpected — and undefined — when negotiating construction contracts.
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Commercial Leasing Law & Strategy
Hoteling Here to Stay As Law Firms Return to the Office
Anthony Davies
For the Big 4 consultancies, hoteling has been a positive operational construct for over a decade, or in some cases longer. The success of the decentralized law firm depends in some part on how well firms can shift “hoteling” from the negative connotation of “losing my desk” to the positive connotation of “having a hotel-like experience.”
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Commercial Leasing Law & Strategy
Fear of Unknown In Force Majeure Litigation Prompting Settlements
Charles Toutant
Since the pandemic began, lawyers have been using the coronavirus to justify nonpayment of rent, construction delays and even termination of labor contracts. But the prospect of litigating a contract cancellation based on force majeure is still so fraught with peril that many breach-of-contract disputes end in an amicable resolution.
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New York Real Estate Law Reporter
Legislature Modifies HSTPA to Assist Co-ops
Jeffrey Schwartz and Mark Hakim
In June, New York’s lawmakers approved amendments to the Housing Stability and Tenant Protection Act, exempting cooperative corporations from some of the most onerous provisions, and clarifying others. Once signed, the new legislation will not only be a huge victory for the thousands of cooperative apartment buildings but also for many potential purchasers who were unable to purchase in those buildings as a result of the Act.
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Commercial Leasing Law & Strategy
Frustration-of-Purpose Use In Commercial Leases During the Pandemic
Joshua Wurtzel
The use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the commercial real estate market — and the economy more generally.
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
License to Enter Neighbor’s Property Reversed
Partnership Lacked Authority to Convey Property
Questions of Fact About Whether Easement Extinguished By Adverse Possession
Purchaser Acquired Deed By False Pretenses
Broker Failed to Establish Agreement to Pay Commission
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Commercial Leasing Law & Strategy
Will Delta Variant of COVID-19 Impact Commercial Real Estate Recovery?
Erik Sherman
The new Delta variant of COVID-19 is speeding across the country, raising the question of whether the assumptions earlier this year of an economic rebound — some even predicted a super bounce — were premature.
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New York Real Estate Law Reporter
Development
NYRE Staff
ZBA Did Not Have to Act Unanimously
Activist Not Entitled to Nullification of Cover Letter Community Board Included With Its Recommendations
DOB’s Approval of Homeless Shelter Upheld
Area Variance Upheld
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Commercial Leasing Law & Strategy
Strategies for Creating Value In Today’s CRE Market
Joseph J. Ori
A look at some value-added strategies a commercial real estate owner/manager must adopt to create value in this tough environment.
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New York Real Estate Law Reporter
Landlord & Tenant Law
NYRE Staff
Rent Act of 2015 Did Not Re-Regulate Deregulated Apartments
Tenant Waiver of Claims for Lost Profits Upheld
Landlord Not Liable for Tenant on Tenant Harassment
Read More ›
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New York Real Estate Law Reporter
Co-ops and Condominiums
NYRE Staff
Bylaw Provision Authorized Award of Fees Against Unit Owner
Read More ›
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Commercial Leasing Law & Strategy
American Rescue Plan Act Provides Pandemic Relief for Struggling Businesses
David J. Gellen and Constantine Christakis
As the U.S. economy continues to recover from the pandemic, the American Rescue Plan Act may help many businesses endure and overcome the historic challenges they have faced. While there is still uncertainty as to its impact on our economy, the Act nonetheless is a significant piece of federal legislation.
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New York Real Estate Law Reporter
Landlord Not Liable for Harassment by Fellow Tenants
Stewart E. Sterk
In Francis v. Kings Park Manor, Inc., the Second Circuit upheld dismissal of tenant’s claims against a landlord who failed to take action against a harassing tenant. The court’s holding did not give landlords a free pass, but it did establish that to survive dismissal, a harassed tenant’s complaint will have to include more than bare-bones allegations of intentional discrimination.
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New York Real Estate Law Reporter
Real Property Law
NYRE Staff
Easement By Prescription and Easement By Estoppel Claims Entitle Owner to Preliminary Injunction
Right of First Refusal Valid Under Rule Against Perpetuities
Easement Holder Not Liable for Trespass
Mortgagor Entitled to Cancellation When Mortgagee’s Beneficiaries Ratified Transaction
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New York Real Estate Law Reporter
Landlord & Tenant Law
NYRE Staff
Questions of Fact Remained About Loft Law Coverage
Tenant Validly Terminated Subtenants’s Lease
Conversion of Tenant from Corporation to LLC Did Not Relieve Guarantor of Liability
Read More ›
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New York Real Estate Law Reporter
Co-ops and Condominiums
NYRE Staff
Co-Op Obligated to Facilitate Transfer By Holder of Unsold Shares
Read More ›
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New York Real Estate Law Reporter
Development
NYRE Staff
Building Administrator Had No Authority to Make Site Plan Determinations
Read More ›
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Commercial Leasing Law & Strategy
Commercial Leases and Other Real Estate Transactions Are Subject to National Security Review
Gordon F. Peery
A second wave of national security concerns hit real estate markets in the United States -- the publication of rules focusing on real estate by the U.S. Department of the Treasury is the catalyst of national security reviews of certain leases, purchases, sales, joint ventures and other investments with non-U.S. parties.
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The Bankruptcy Strategist
Retail Lease Workout In Bankruptcy Trends Show ‘We’re All In This Together’
David Samole
Landlords and commercial tenants have proven savvy and mutually symbiotic. These entities learned quick lessons during the pandemic to sustain the landlord-tenant relationship on adjusted footing or otherwise to provide an agreeable runway for a lease exit minimizing the damage to landlords and tenants. Three workout trends reflect this changing landscape that “we are all in this together.”
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Commercial Leasing Law & Strategy
Legal Sector Insights: The Current Status and Future of the Law Firm Workplace
Ryan J. Hoopes
Most industries are navigating the effects of rapid forced changes caused by the pandemic. What sets the legal sector apart is that the pandemic served as a catalyst to accelerate trends ahead at lightning speed which have been predicted for over a decade.
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Commercial Leasing Law & Strategy
ESG Practices, Spurred By Pandemic, Will Play Role In Future of Real Estate Investment
Kelsi Maree Borland
Over the last decade, commercial real estate players have increasingly considered the environment and sustainability when underwriting investments and operating properties, but the pandemic has catalyzed rapid growth in ESG adoption.
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New York Real Estate Law Reporter
Court Addresses Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause
Steven M. Silverberg
Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.
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