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Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

ssalkin

Yellowstone Injunction Denied for Failure to Move on Time

Features

While Economy Recovers, Commercial Real Estate May Be Due for a Correction Image

While Economy Recovers, Commercial Real Estate May Be Due for a Correction

Beau Jones

Before investors get too carried away by the news of recovery in commercial real estate, they should pause to ask themselves, "what are we recovering from?"

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Residential Owners Have Claim for Inadequate Quality of Hotel Unit

Features

Migrating Businesses Help Grow South Florida CRE Market Despite, and Because of, the Pandemic Image

Migrating Businesses Help Grow South Florida CRE Market Despite, and Because of, the Pandemic

Melea VanOstrand

The South Florida office market has seen a shift due to COVID, with some downsizing and modifications of office buildings, but the influx of new potential tenants has helped mitigate any potential downsides other markets may have seen.

Features

Federal Class Action Available for Delay In Recording Mortgage Satisfaction Image

Federal Class Action Available for Delay In Recording Mortgage Satisfaction

By Jonathan Robbin

Because the Second Circuit held that a bare violation of New York's Mortgage-Satisfaction-Recording Statutes without a demonstration of actual injury conferred federal jurisdiction, a mortgagor now has the ability to bring a class action in federal court.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Tenant Did Not Establish Fraud to Warrant Application of DHCR's Default Formula Four-Year Lookback Rule Applied to Rent Determinations But Not to Determination of Rent-Stabilized Status Tenant's Impossibility and Frustration of Purpose Defenses Rejected Tenant's Frustration of Purpose Claim Survives Neutral Appraiser Entitled to Examine Previous Appraisals

Features

Say it Ain't So! Tortious Interference with a Sublease By a Master Landlord Image

Say it Ain't So! Tortious Interference with a Sublease By a Master Landlord

Marisa L. Byram & Tyler V. Friederich 

A South Carolina appellate court recently affirmed a trial court's decision that a landlord had tortiously interfered with a sublease by terminating the master lease after a fire damaged the subject building and such landlord was liable to the subtenant for punitive damages.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Exclusion for Zoning Regulations Bars Title Insurance Claim Transfer of Residential Properties Not a Fraudulent Transfer Property Owner on Constructive Notice of City's Relocation Lien Fraudulent Transfer Finding Upheld

Features

Second Circuit Expands Federal Class Actions for Mortgagors Image

Second Circuit Expands Federal Class Actions for Mortgagors

By Jonathan Robbin

The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Summary Judgment Premature on Discrimination Claim Defect In Recording Insufficient to Defeat Mortgage Priority

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