Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Features

Notice of Pendency In Commercial Real Estate Transactions Image

Notice of Pendency In Commercial Real Estate Transactions

Adrienne B. Koch

Parties to real estate transactions may be tempted to conclude that a notice of pendency will be available in most instances to protect their rights if things go awry. But while the CPLR's description of actions in which a notice of pendency is permitted sounds both clear-cut and extremely broad, in practice it is neither of those things.

Features

Holding Water: Water Terms Used Within the Commercial Property Policy Image

Holding Water: Water Terms Used Within the Commercial Property Policy

Christine G. Barlow

Water issues are often confusing and involve multiple undefined terms such as plumbing, sewer, drain, overflow, or discharge. This article reviews how the terms are applied in the commercial property policy.

Features

Issues and Ramifications of Leasing to Cannabis Providers Image

Issues and Ramifications of Leasing to Cannabis Providers

Brian Peykar

The legalization of cannabis in New Jersey has created tremendous economic opportunities for commercial and industrial property owners. Aside from the potential financial benefits, property owners should approach this newer market in a cautious manner before embarking on leasing to cannabis retailers and/or growers given the multitude of issues and concerns surrounding the cannabis industry.

Features

Guaranty Law Invalidated Image

Guaranty Law Invalidated

Deborah E. Riegel

Consistent with the Second Circuit's opinion, the District Court in March 2023 found that the Guaranty Law, a pandemic law that was implemented to protect struggling commercial tenants and small businesses, lacked the requisite reasonability to overcome a Contract Clause challenge,

Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

Specific Performance Available for Breach of Contract to Convey Air Rights Challenge to Site Plan Approval Dismissed for Failure to Join a Necessary Party NYU's Challenge to Zoning Amendment Dismissed for Lack of Standing Town's Construction of Its Ordinance Was Irrational Condition on Special Permit Renewal Invalidated As Unreasonable

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Tenant Violated the Lease By Changing Nature of the Restaurant Lease's Guaranty Clause Did Not Bind Tenant's Principal Yellowstone Injunction Denied Because Tenant Failed to Show It Was Willing and Able to Cure Defaults Loft Occupant Remains Protected By Loft Law

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Buyer Entitled to Return of Deposit Because Estoppel Certificates Were Inadequate City Had Authority to Extinguish Interest of Delinquent Taxpayers After Four Month Redemption Period Expires Survival Clause Includes No Expiration Date Easement Not Invalid for Fraud

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Co-Op Purchaser Not Entitled to Cancel Contract Appointment of Receiver to Collect Rent Owed to Defaulting Commercial Unit Owner Upheld

Features

New York City's Guaranty Law Invalidated Image

New York City's Guaranty Law Invalidated

Deborah E. Riegel

New York's Guaranty Law was challenged as unconstitutionally restricting a plaintiff's contractual rights The District Court held the law to be constitutional because it advanced a significant and legitimate public purpose through reasonable and appropriate means.

Features

Distressed Investors Should Take Advantage of the Upcoming Plethora of Defaulted CRE Loans Image

Distressed Investors Should Take Advantage of the Upcoming Plethora of Defaulted CRE Loans

Joseph J. Ori

What is different about this distressed cycle is that most of the lenders are not foreclosing and taking title to the CRE assets, managing, and leasing them for a few months and then selling the properties. They are more likely to sell the note/mortgage rather than foreclose on the property. This presents a unique and interesting opportunity for astute distressed investors, who are experienced in acquiring mortgage notes secured by commercial property and in the arduous foreclosure and bankruptcy process,

Need Help?

  1. Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
  2. Need other assistance? email Customer Service or call 1-877-256-2472.

MOST POPULAR STORIES

  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
    Read More ›
  • Compliance Officers and Law Enforcement: Friends or Foes?
    <b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.
    Read More ›