Features
'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?
As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.
Features
Four Class Actions Allege Rent Overcharge Chicanery
On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.
Features
Four Class Actions Allege Rent Overcharge Chicanery
On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.
Features
Finding Common Ground In Lease Provisions During COVID-19
This article seeks to examine key current issues, and offers practical advice to landlords and tenants seeking common ground to address the ongoing financial toll of the pandemic.
Columns & Departments
Development
Denial of Site Plan Application Upheld Issuance of State Permit Does Not Preclude Village's Nuisance Claim Against Waste Disposal Facility
Features
Settling COVID-19-Related Commercial Lease Disputes
This article examines how shutdown actions might be approached and resolved by settlement by applying a series of contract performance doctrines that inevitably arise during these types of situations.
Columns & Departments
Co-ops & Condominiums
RPAPL 881 License Granted to Enter Neighboring Condominium Unit Allocation of Common Expenses Upheld Condominium Owners Have Right to Vote On Matters Involving Homeowners Association Appointment of Receiver Upheld
Columns & Departments
Real Property Law
Possibility of Reverter Enforced Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default
Features
What a Biden Administration Might Mean for Commercial Real Estate
A national-led effort to push back against the virus will hopefully drive down infections enough until a vaccine becomes available. This can only help commercial real estate as it is clear that the economy will not fully recover until the coronavirus is vanquished.
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