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Columns & Departments
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment COVID-19 Does Not Excuse Failure to Pay Rent
Features
Landlords initially renting up new RPTL 421-a buildings routinely give incoming rent-stabilized tenants rent concessions to account for the fact that construction may be ongoing, and that there may still be punch list items in the apartments. This seemingly innocuous practice, however, has led to class-action litigation wherein tenants allege that rent concessions are part of a fraudulent scheme that results in massive building-wide overcharges under the Rent Stabilization Law.
Features
Cyclical challenges in the economy are nothing new, and 2022 is shaping up to be that kind of year for business owners nationwide. This is likely to result in a greater need for the services of bankruptcy attorneys as business owners face a mounting wave of distressed financial assets.
Features
While growth of the job market and the economy are the most important factors affecting commercial real estate, the emergence of historic rising inflation has its effects as well.
Columns & Departments
Purchaser of Mixed-Use Building, Not Master Lessee of Residential Units, Liable for Rent Overcharges Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement Statute of Limitations Does Not Bar Strict Foreclosure Action
Features
Almost every company is rethinking workplace strategy in the wake of the pandemic — and commercial real estate companies, which are office users in their…
Features
The Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor's lessees.
Features
In an action to recover a brokerage commission, the Appellate Division affirmed a broker's appeal of denial of its summary judgment motion, holding that questions of fact remained about seller's liability for a commission after expiration of the brokerage agreement.
Columns & Departments
Prior Landlord's Purchaser of Loft Tenant's Improvements Exempted Unit from Rent Regulation Notice of Termination Did Not Meet Federal Standards Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment Tenant Entitled to Preliminary Injunction Against Use of Video Cameras In Interior of Premises