Real estate businesses and lawyers encounter indemnity provisions in virtually every type of commercial contract. While indemnitees often insist on broad indemnity protection, business owners should be aware of, and try to avoid being bound by, generic indemnity provisions which can be contextually overbroad and result in unanticipated enforcement results.
Law firm leasing grew significantly during the first half of 2025, posting the highest square footage total since 2018, according to a recent Savills report.
Tenant Did Not Waive Its Right to Renew Lease of Air RightsLandowner Had No Vested Right to Maintain ShedSpecial Permit Denial OverturnedChallenge to Application of Zoning Amendment Not Ripe
Unit Owner Required to Correct Unauthorized Alterations
Most contracts dealing with the sale and purchase of commercial real estate provide the purchaser with two primary remedies if the seller defaults, one of which is the right to seek specific performance of the seller’s obligations under the contract. This article explores some situations where specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance.
In late 2024, the City Council upended the New York City rental markets when it passed the Fairness in Apartment Rental Expenses (FARE) Act , which, in part, prevents a real estate broker who “publishes” a real estate listing or who enters into a listing agreement with a landlord from seeking payment of their brokerage fee from the prospective tenant. The real estate industry argued that the law is unconstitutional and preempted by state statute. On June 10, 2025, REBNY v. City of New York allowed the Act to take effect on June 11, 2025. This article analyzes the district court’s decision, its impact, and what happens next.
For forward-thinking real-estate investors, mortgage-default litigation can unlock off-market assets, compress deal timelines, and capture risk-adjusted alpha. Indeed, investors can convert distressed credit into dependable, non-correlated returns. The mechanism for unlocking this value often includes the “hammer” that is foreclosure litigation. But it is not that easy.
Adverse Possession Claim UpheldIntent to Abandon Easement Not EstablishedDeed Validity Upheld Despite Absence of Delivery to One Co-Tenant
Kingston’s Rent Stabilization Ordinance UpheldBroker Discriminated On Basis of Disability and Source of IncomeTenant’s Default In Payment of Rent Precludes Defense Based On Breach of Covenant of Quiet EnjoymentGuarantors Bound By Settlement AgreementTenant Challenge to MCI Increases RejectedLandlord Established That Reconfigured Apartment Was Deregulated
When it comes to foreclosing on collateral, secured creditors must be cognizant of the statutory requirements of Article 9 of the UCC. Article 9 has very specific rules governing the foreclosure process and the exercise of remedies. But is compliance with those rules enough to preserve a creditor’s rights in its collateral? It seems there is disagreement among courts as to the correct answer.
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