-
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 ›
-
New York Real Estate Law Reporter
Cooperatives and Condominiums
Sponsors Not Entitled to Indemnification for Faulty Construction
Read More ›
-
Commercial Leasing Law & Strategy
Commercial Lease Terms: More Issues to Cover
Alan Nochumson
Part Two of a Two-Part Article
Last month we began discussion of several topics of interest to tenants and landlords as they negotiate leases for commercial space. We continue here with more items that should not be overlooked by either party to a commercial lease during its formulation.
Read More ›
-
Commercial Leasing Law & Strategy
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
Gerald M. Levy
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player’s representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Read More ›
-
The Bankruptcy Strategist
A Clash Between ‘Free and Clear’ and Tenants’ Rights Under Bankruptcy Code Section 365(h)
Albena Petrakov
With the recent carnage in the retail industry, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection. A recent case that brings balance is Revel AC Inc. v. IDEA Boardwalk, LLC.
Read More ›
-
Commercial Leasing Law & Strategy
Case Notes
Contractual Allocation of Damage Risk Thwarts Insurer’s Subrogation Claim
Lacking Specifics, Lease Term Is Unenforceable
Read More ›
-
New York Real Estate Law Reporter
Claim of Non-Purchasing Tenant Status Rebuffed
Deborah E. Riegel
When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.
Read More ›
-
Commercial Leasing Law & Strategy
10 Categories of Provisions to Consider in any Commercial Lease
Alan Nochumson
Part One of a Two-Part Article
When entering into a lease for commercial space, there are some items that should not be overlooked. Landlords and tenants alike should make sure that the following things are addressed in the lease, one way or another.
Read More ›
-
New York Real Estate Law Reporter
Development
Cemetery Entitled to Use Variance
ZBA Usurpation of Planning Board Authority
Statutory Factors Need to Be Considered In Denial of Area Variance
Read More ›
-
Commercial Leasing Law & Strategy
Inheriting Tenants in Default?
Ira Fierstein and Michelle Palka
An Illinois Appellate Court recently ruled in favor of a commercial tenant after a new owner acquired a commercial building and attempted to collect accrued unpaid rent owed to the previous landlord.
Read More ›
-
New York Real Estate Law Reporter
Eminent Domain
Condemnation Award Reduced
Read More ›
-
New York Real Estate Law Reporter
Real Property Law
Title Insurance Inducements
Purchaser’s Willful Default/Down Payment
Tortious Interference Claim Reinstated
Easement Scope
Mortgage Acceleration
Read More ›
-
Commercial Leasing Law & Strategy
A Clash Between ‘Free and Clear’ and Tenants’ Rights Under the Bankruptcy Code’s Section 365(h)
Albena Petrakov
With the recent carnage in the retail industry, including Sears and many other retailers of all shapes and sizes, a lot of attention goes to the fate of landlords when their tenants seek bankruptcy protection.
Read More ›
-
Commercial Leasing Law & Strategy
Case Notes
First Court’s Lack of Jurisdiction over Cause of Action Means Second Action Is Not Barred
Read More ›
-
New York Real Estate Law Reporter
Landlord & Tenant
Landlord’s Improper Incorporation
Read More ›
-
New York Real Estate Law Reporter
Real Property Law
Ownership of Shifting Beaches
Brokerage Commission Provision Expired
Adverse Possession/Tennis Court
Deed Obtained by False Pretenses
Read More ›
-
New York Real Estate Law Reporter
Development
Negative Declaration/Time Bar
No Estoppel Against Village
Denial of Area Variance
Read More ›
-
New York Real Estate Law Reporter
Landlord & Tenant
Prior Judgment Does Not Bar Breach Claim
Accommodation of Disabilities
Read More ›
-
New York Real Estate Law Reporter
Cooperatives and Condominiums
Right to Rooftop Space
Read More ›
