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. SterkDenial of Area Variance Upheld Enactment of Historic Preservation Law Did Not Require Hearings
August 01, 2022NYRE StaffGiven 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. HuynhThis 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. MohlerShareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach
August 01, 2022NYRE StaffRegulatory 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 BergeronClass Certification Appropriate for Claim of Improper Deregulation
August 01, 2022NYRE STaffMerger and acquisition activity across the CRE spectrum is likely to continue to be high, though deals will likely be concentrated across the industrial and residential sectors, according to Deloitte.
August 01, 2022Lynn PollackSection 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







