One often-overlooked provision that was made permanent by the One Big Beautiful Bill Act could have a significant negative impact on certain taxpayers, particularly those in the rental real estate industry. Many rental real estate owners qualify for the real estate professional exception and thus are not subject to the passive loss rules.
- October 31, 2025Ezra Dyckman and Charles S. Nelson
Challenge to Positive SEQRA Declaration Not RipeZoning Board of Appeals Failed to Properly Apply Statutory Balancing Test for Area Variance
October 31, 2025New York Real Estate Law Reporter StaffLiability management exercises (LMEs) have gained considerable attention during the past few years. Whether intended for good purposes or not, LMEs have significantly disrupted the traditional loan business through aggressive priming and subordination tactics — leading some to characterize this phenomenon as lender-on-lender violence.
October 31, 2025Robert W. DremlukSeveral real estate practice leaders in Big Law are reporting a surge in activity, as their clients commit to more acquisitions, leasing, development and finance deals related to AI data centers and office spaces. As a result, law firm leaders say they are growing these practices with attorney hires.
October 31, 2025Ryan HarroffChallenge to Tax Deed Remanded for Consideration of Constitutional IssuesBroker Not Entitled to Commission When Loan Obtained Without Broker’s InvolvementCity Can Remove Canopies Attached to Buildings Without Landowner Consent
October 31, 2025New York Real Estate Law Reporter StaffTown Did Not Obtain Prescriptive Easement to Discharges Stormwater Over Neighboring Land -Adverse Possession Claim Rejected Because Use Was Permissive -No Injunction Against State for Failure to Stop Neighbor’s Unauthorized Use of State Property -Foreclosing Lender Entitled to Second Opportunity to Establish Fair Market Value In Attempt To Recover Deficiency Judgment -Offer to Purchase Does Not Negate Hostility Requirement for Establishing Adverse Possession
September 30, 2025New York Real Estate Law Reporter StaffClass Certification Upheld On Habitablity Claim -Colorable Claim of Fraud Justifies Looking Back Past Four Years -Tenant Entitled to Return of Deposit Because Lease Was Illegal
September 30, 2025New York Real Estate Law Reporter StaffShareholder’s Easement By Necessity Claim Reinstated
September 30, 2025New York Real Estate Law Reporter StaffIn today’s climate of rising interest rates, stretched borrower balance sheets, and starkly uneven recovery across asset classes, defaulted loans have emerged as a prime hunting ground for investors with legal acumen. Capturing this opportunity requires more than a blunt foreclosure “hammer” — it demands a surgical enforcement playbook.
September 30, 2025Chris ZonaVariance Annulled For Failure to Make Findings of Fact -Variance Denial Upheld When Owner’s Hardship Was Self-Created
September 30, 2025New York Real Estate Law Reporter Staff










