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Features

Arizona Appeals Court Joins Other States In Holding COVID-19 Shutdowns Not an Excuse for Missed Rent Payments Image

Arizona Appeals Court Joins Other States In Holding COVID-19 Shutdowns Not an Excuse for Missed Rent Payments

Riley Brennan

The court affirmed a lower court's decision granting the landlords' motion for summary judgment, after determining the applicable force majeure provisions and common law doctrines the tenants relied on didn't excuse payment obligations.

Features

What Hybrid Work Looks Like In a CRE Firm Image

What Hybrid Work Looks Like In a CRE Firm

Erik Sherman

When it comes to commercial real estate companies and hybrid work, there are those that swear one way or the other, and probably a lot more scratching their heads, trying to understand what will work best.

Features

Revision to the Definition of 'Waters of the United States' Image

Revision to the Definition of 'Waters of the United States'

Steven M. Silverberg

In April of 2020, the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, a new final rule was recently published. The changes are scheduled to take effect this year. The definition is significant for a multitude of land uses, as it places limitations on activities that may be conducted within and adjacent to such waters or, in some instances, requires the issuance of permits before certain activities may be conducted.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

ssalkin

HSTPA Does Not Violate Taking or Due Process Clauses Landlord Liable for Bite By Tenant's Dog Tenant Not Liable As Holdover Absent Offer and Acceptance of Rent Payments Issues of Fact Preclude Summary Judgment on Habitability Claim

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Injunctive Relief Denied In Action to Enforce Restrictive Covenant Neighbor Lacked Standing to Enforce Restrictive Covenant Easement Holder Entitled to Preliminary Injunction Disposition to Husband and Wife Creates Tenancy By the Entirety Tax Sale Notice Satisfied Statutory and Constitutional Requirements

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

Condemnation Exceeded Agency's Authority

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

No Binding Contract Between COOPA and Shareholders Failure to Provide Notice of Mortgage Justifies Return of Downpayment In Foreclosure Sale

Features

New Definition of 'Waters of the United States' Image

New Definition of 'Waters of the United States'

Steven M. Silverberg

In April of 2020 the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, further study was conducted and a new final rule was recently published. The changes are scheduled to take effect this year, if currently pending challenges are unsuccessful.

Features

Negotiating Surrender Clauses In Commercial Leases Image

Negotiating Surrender Clauses In Commercial Leases

Stephanie Friese

Notwithstanding the importance of a lease to the balance sheets of both landlords and tenants, surrender provisions are commonly glossed over and consequences can be detrimental to either side.

Features

Liquidated Damages In Real Estate Transactions Image

Liquidated Damages In Real Estate Transactions

Adrienne B. Koch & Neil S. Miller

Commercial real estate is a unique asset, making damages resulting from a breach of an agreement involving it are often difficult to measure. As a result, parties to such agreements must give careful thought to the remedies for such breach, including liquidated damages.

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