Attorney fees for an NLJ 500 firm prevailing in a commercial lease dispute were slashed nearly in half after a federal judge in Pennsylvania concluded the party’s success did not warrant nearly $750,000 in fees.
March 01, 2026Riley Brennan
Landowner Had Standing to Raise SEQRA ClaimVillage’s Architectural Review Provision Not Unconstitutionally VagueFederal Abstention Appropriate In Selective Enforcement Case
March 01, 2026New York Real Estate Law Reporter StaffBalance of Equities Precludes Mandatory Injunction Against Removal of Prohibited Renovation
March 01, 2026New York Real Estate Law Reporter StaffWhile the need for data centers continues to increase, the land development challenges posed by data centers also have increased. These land development challenges focus around several key areas.
March 01, 2026John F. Lushis Jr.While the term ripeness may conjure up images of fruit or produce, in federal litigation it functions as a pragmatic barrier against premature judicial intervention. The plaintiffs in 61 E. Main St. Assoc., LLC v Vil. of Washingtonville felt the full force of this doctrine after their claims alleging unlawful, discriminatory delay in approving their project were dismissed as unripe for adjudication. The Southern District of New York reaffirmed the Second Circuit’s longstanding approach to zoning disputes: No Final Decision, No Federal Lawsuit.
February 01, 2026Leo Dorfman and Vincent FerrySecond Circuit Affirms Federal Abstention from Action Contesting Validity of Ban On Income-Source Discrimination
February 01, 2026New York Real Estate Law Reporter StaffNJDEP Revises Rule On Reporting Hazardous Substance Discharge to Require Property Owner Notification
Under the re-proposed rule, any person who discovers a discharge of a hazardous substance during all appropriate inquiry must notify the record owner of the property where the discharge is discovered. This requirement to inform the record owner of the property applies to any person conducting all appropriate inquiry. Once the record owner is informed of the presence of the discharge, the owner has a legal obligation under the Spill Act to report the discharge to NJDEP and to initiate remediation of the contamination.
February 01, 2026Debra Rosen and Daniel Farino and Charles DennenThis two-part series examines several options for the commercial real estate loan in distress. The first installment provided a primer on the traditional, more commonplace options available to the parties. This final installment identifies and examines a more creative approach, one which right-sizes the loan and the underlying real estate and resets value for today’s market.
February 01, 2026Richard S. FriesChurch Entitled to Tax Exemption Because Town Did Not Prove Use Was a Violation of Zoning OrdinanceDetermination In Partition Action Precludes Adverse Possession ClaimQuestions of Fact About Confidential Relationship Precludes Summary Judgment On Constructive Trust ClaimEasement Rights Clarified
February 01, 2026New York Real Estate Law Reporter StaffThe NY Court of Appeals’ decision in Seneca Meadows reinforces the principle that standing to challenge SEQRA compliance is not uniform for all challengers. Courts will assess affected property owners’ standing to bring SEQRA claims differently from how they assess neighboring owners or other groups.
February 01, 2026John C. Armentano
