Landlord Tenant Law To- Page 21 | LawJournalNewsletters.com

Don't Sleep On Prohibitions on the Assignability of Leases
Attorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.
October 01, 2024Kevin M. Levy and Krystal R. Bordoni-Cowley
CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
October 01, 2024Sulaiman Abdur-Rahman
LJN Quarterly Update: 2024 Q3
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.
October 01, 2024LJN Staff and Contributors
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
September 01, 2024Lydia Pilch
Be Careful What You Stip For: 'Liggett v. Lewitt Realty LLC'
The ruling from New York's highest state court, although straightforward on its face, has important implications for both long-existing settlement agreements and when considering drafting future agreements settling disputes in the context of the Rent Stabilization Law.
September 01, 2024Ethan R. Cohen
U.S. Supreme Court Ruling Empowers Developers and Property Owners to Challenge Excessive or Unjustified Impact Fees
The recent U.S. Supreme Court ruling in Sheetz v. County of El Dorado will cause many local governments to revisit the defensibility of their impact fee regimes.
September 01, 2024Mark Grafton
Development
City Took Hard Look At Environmental Factors Without Requiring Environmental Impact Statement On Impact of Climate Change Area Variance Grant Upheld for Construction of Fence Landowner Did Not Establish Pre-Existing Nonconforming Use
September 01, 2024New York Real Estate Law Reporter Staff
Mediation of Commercial Lease Disputes: A Collaborative Approach to Resolving Disputes
In the view of many experienced practitioners, arbitration has morphed into a time-consuming process, often as expensive as litigation and has other shortcomings such as the non-appealability of the arbitrator's decision. Not so mediation which may be a materially better form of ADR.
September 01, 2024Jeffrey A. Margolis
Real Property Law
Practical Location of Boundaries Doctrine Applicable Even When Deeded Boundaries Are Clear Restrictive Covenant Did Not Bar Above Ground Pool and Deck Questions of Fact Preclude Summary Judgment On Enforceability of Two-Year-Old Contract Adverse Possession Claim Fails for Failure to Prove Cultivation and Improvement
September 01, 2024New York Real Estate Law Reporter Staff
Applying Merger By Deed Doctrine to Real Estate Transactions
Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.
September 01, 2024Peter E. Fisch and Salvatore Gogliormella