Hotel management agreements often contain language permitting a hotel owner to terminate if the hotel’s performance fails to meet certain financial metrics. This provision, colloquially referred to as the “performance test,” is touted as a form of protection for owners by providing a right to terminate (or to receive a “cure payment”) if the hotel underperforms. But the reality is performance tests are generally structured to make them difficult, if not impossible, to fail, leaving hotel owners without the financial protection they thought they bargained for — or worse.
- December 01, 2024Todd E. Soloway and Bryan T. Mohler and Itai Y. Raz
Limited Warranty Establishes Defense to Consequential Damages Claim Against Sponsor
December 01, 2024New York Real Estate Law Reporter StaffOffice-to-residential conversions present significant challenges to owners and developers that arise from the interrelationship among the regulatory regime, the legal restrictions and requirements of the site and the physical requirements of conversion; the resulting incremental cost of conversions mean that many potential conversions just do not pencil out.
December 01, 2024Peter E. Fisch and Salvatore GogliormellaDepartment of Environmental Conservation Misapplied Statute
December 01, 2024New York Real Estate Law Reporter StaffThe federal debt is a huge number at $36 trillion. That has major implications for the government and the economy. Debt numbers this large automatically send out ripples the size of tsunamis. Some of them could wash over long-term Treasury yields and then flood the cost of commercial real estate capital.
December 01, 2024Erik ShermanAfter nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.
November 25, 2024Claude G. Szyfer and Daria D. AnichkovaWhen are the principals of a condominium sponsor individually liable for harms suffered by purchasers? In Board of Managers of 570 Broome Condominium, the First Department declined to dismiss a condominium board's fraud and breach of fiduciary claims against individual defendants.
November 01, 2024Stewart E. SterkWhile the commercial real estate market faced significant headwinds in 2024, recent data suggests that the tide may be turning. The combination of lower interest rates, a decline in foreclosures, and improving market conditions offers a glimmer of hope for property owners and investors alike.
November 01, 2024Jose A. Herrera-PaezScouting Organization's Adverse Possession Claim Against County Land Fails Easement Not Subject to Termination Under RPAPL 1951 Doctrine of Emblements Might Sustain Former Tenant's Claim to Crops Church Property Tax Exempt Because Town Did Not Establish Zoning Violation
November 01, 2024New York Real Estate Law Reporter StaffLaw firms are navigating a paradigm shift in how they approach office space. With the rise of flexible workplaces, firms are finding that when their attorneys do come into the office, the main goal is to connect and collaborate with peers — and this shift has transformed how law firms address their real estate needs.
November 01, 2024Alaa Pasha








