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Landlord Tenant Law

  • Partner Had Authority to Sell Tenancy In Common Property Title Report Put Subsequent Lender on Inquiry Notice of Prior Mortgage Administrator Did Not Breach Covenant Against Grantor's Acts Co-Tenant Establishes Title By Adverse Possession

    August 01, 2022NYRE Staff
  • In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

    August 01, 2022Stewart E. Sterk
  • Denial of Area Variance Upheld Enactment of Historic Preservation Law Did Not Require Hearings

    August 01, 2022NYRE Staff
  • Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.

    August 01, 2022Paul A. Rubin and Hanh V. Huynh
  • This article examines the agreement — known as a Subordination, Non-Disturbance and Attornment Agreement (SNDA) — typically used by hotel lenders, owners and managers to set forth their respective rights upon a foreclosure, and consider disputes that may arise when a party seeks to enforce its SNDA rights.

    August 01, 2022Todd E. Soloway and Bryan T. Mohler
  • Shareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach

    August 01, 2022NYRE Staff
  • Regulatory considerations and investor demand for transparency are increasingly important drivers behind Environmental, Social and Governance (ESG) disclosure and reporting frameworks, according to a report issued by The CRE Finance Council (CREFC) based on responses from its members.

    August 01, 2022Paul Bergeron
  • Class Certification Appropriate for Claim of Improper Deregulation

    August 01, 2022NYRE STaff
  • Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.

    July 01, 2022Stewart E. Sterk