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Features

Confession of Judgment Provisions In Commercial Leases Image

Confession of Judgment Provisions In Commercial Leases

Megan E. Moyer and Kevin M. Levy

In states where they are enforced, a properly drafted confession of judgment clause in a commercial lease can be one of the most valuable tools in a landlord's toolkit for enforcing its leases and preserving its remedies.

Features

Government Policies Could Be Concern for Commercial Real Estate Lenders Image

Government Policies Could Be Concern for Commercial Real Estate Lenders

Leslie Shaver

Significant concerns aren't necessarily issues caused by real estate lending, borrowing or underwriting. They're caused by government policy.

Features

Negotiating with Small Office Tenants on Pandemic Issues Image

Negotiating with Small Office Tenants on Pandemic Issues

Erika Morphy

Small businesses make up the backbone of the commercial office sector. Until recently, by virtue of their small size, they had little sway with landlords when it came to renegotiating or negotiating a lease. Then the pandemic happened.

Features

Drafting a Fair Force Majeure Provision In the Wake of COVID-19 Image

Drafting a Fair Force Majeure Provision In the Wake of COVID-19

Scott R. Lippert & Darcy Baboulis-Gyscek

Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.

Features

Retail Lease Workout Trends Show 'We're All In This Together' Image

Retail Lease Workout Trends Show 'We're All In This Together'

David Samole

There have been plenty of cases during the pandemic that shape the landlord-commercial tenant dynamic both in Chapter 11 bankruptcies and in workouts.

Features

New Normal Will See Shift In How Commercial Real Estate Is Done Image

New Normal Will See Shift In How Commercial Real Estate Is Done

Aron Solomon

By moving away from demand for traditional offices and office space, employers will be able to select from a much broader range of talent and a much greater geographical range of places to find and use these employees.

Features

Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building Image

Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building

Paul D. Selver & James P. Power

In Committee for Environmentally Sound Development ("CESD") v. Amsterdam Ave. Redevelopment Associates LLC, the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Easement By Necessity Claim Fails for Inadequate Proof of Unity of Title At Severance No Specific Performance When Purchaser Failed to Elect Contract Remedies Subdivision of Dominant Parcel Did Not Terminate Easement Judgment Creditor Not Entitled to Compel Sale of Tenancy By the Entirety Property Questions of Fact Preclude Summary Judgment on Specific Performance Claim Town Had No Authority to Issue Parking Permits on Land of Waterfront Owners

Features

Underwriting Adjusts As Pandemic Continues Image

Underwriting Adjusts As Pandemic Continues

Erika Morphy

Underwriting clearly has been affected by the pandemic-led downturn. Lenders are using higher vacancies and reserves to underwrite, leading to more conservative loan proceeds.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

ssalkin

Occupation By Family Member of Corporate Principal Does Not Terminate Unsold Share Status Abandonment of Easement By Condominium Unit Owner Condominium Unit Owner Entitled to Damages for Board's Failure to Approve Transfer

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