Features
Sui Generis: Draft Like You Mean It
The automatic acceptance of various boilerplate clauses in commercial leases in the face of jurisprudential modernity and evolving legal approaches is dangerous. The evolutionary exploits of a commercial lease aren't done yet, nor should they be.
Features
NYC Guarantor Liability for Post-Window-Period Rent
In Tamar Equities Corp. v. Signature Barbershop 33 Inc., the Appellate Division analyzed whether the Guaranty Law bars recovery from a guarantor where a commercial tenant's default initially arose during the Guaranty Law's window period, but persisted after its expiration.
Features
Exploring Debt Restructuring Options for CRE Owners
In the dynamic landscape of real estate, commercial real estate owners often find themselves facing financial challenges that necessitate a strategic approach to debt management. In such cases, exploring debt restructuring options becomes a crucial consideration.
Features
Guarantor Liability for Post-Window-Period Rent
In a case of first impression, the Appellate Division, First Department recently addressed a split in the decisions of the lower courts as to the scope of the New York City Guaranty Law.
Columns & Departments
Co-ops and Condominiums
Foreclosure on Lien for Common Charges Not Dismissed Condominium Entitled to Impose Reasonable Fee for Consent to Hallway Enclosure
Features
'Yellowstone' Injunctions: Navigating the Wild West of Commercial Lease Disputes
The Yellowstone injunction is implicated in nearly every lease for commercial real property in the state of New York, yet most landlords and tenants do not know what it is or how it affects them. Below is a succinct overview of its implications so that commercial landlords and tenants can better navigate lease disputes.
Columns & Departments
Landlord & Tenant Law
Illegality Defense Raises Questions of Fact Good Guy Guaranty Not Released Exchange of Texts Does Not Constitute Settlement Agreement Landlord's Fraudulent Conveyance Claim Against Parking Lot Chain Avoids Dismissal
Features
Are Recent Regulations Dooming Franchising?
In 2024, franchising may need to overcome and work around the recent government regulation that goes to the very heart of the franchising relationship and the way franchise businesses operate,
Columns & Departments
Development
Boathouse Not an Impermissible Second Dwelling Reduction In Size Did Not Alter Nonconforming Use Status Local Ordinance Did Not Prohibit Short-Term Rentals
Features
The New Basel Regulations Could Bite CRE
If you haven't heard of Basel III, you've got company. International banking regulations aren't typical beach reading. But some people who have been poring through these new banking regulations are not looking happy.
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