Columns & Departments
Development
Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance
Features

What a Difference 3 Months Can Make
The coronavirus has brokers guessing as to how this will affect leasing in the short term, and a report says leasing activity is likely to have a degree of decline in transaction volumes compared to pre-crisis expectations
Features

Coronavirus 'Brutal' for Real Estate Transactions as Lenders Hit Brakes on Financing
Much like other everyday activities, real estate transactions are coming to a halt because lenders are holding back over the coronavirus pandemic.
Features

Force Majeure and the Doctrine of Impossibility
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the "force majeure" provision.
Features

Neighbor Standing to Challenge SEQRA Determinations
When does an immediately adjacent neighbor have standing to challenge a SEQRA determination? In Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals, the Court of Appeals made it clear that adjacent neighbors have presumptive standing to challenge zoning determinations.
Features

Assignment and Consent Standards in Commercial Leases
Assignment provisions in commercial leases are heavily negotiated and very important to both landlords and tenants. This article presents a brief overview of the assignment provision in commercial leases, both office and retail.
Columns & Departments
Landlord & Tenant Law
Lifetime Leasehold Interest Does Not Exempt Apartment from Rent Stabilization Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence Landlord's Reliance on Representations of Prior Owners Does Not Preclude Finding That Overcharge Was Willful, Resulting In Treble Damages Tenant's Failure to Pay Rent and Other Charges Forfeits Tenant's Right to Renew Questions of Fact Remain About Tenants Liability for Holdover Charges Tenant's Proposed Withdrawal of Application for Loft Board Coverage Void As Against Public Policy
Columns & Departments
Real Property Law
Purchaser Who Did Not Record Until After Notice of Pendency In Foreclosure Action Not Entitled to Intervene Recording of Senior Mortgage Put Junior Mortgagee on Constructive Notice Issues of Fact Preclude Summary Judgment on Easement Claims Purchaser's Claim for Damages Against Dual Agent Broker Survives Summary Judgment Title Insurance Regulations Upheld
Features

In the Wake of Shields: Broader Implications for Decision on Commercial Landlord Liability
The Supreme Court of New Jersey recently revisited an oft-contested issue in the area of premises liability: whether a commercial landlord owes a duty to its tenant's business invitees to maintain the premises, under a triple net lease, where the tenant is in exclusive possession of the demised premises.
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