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Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

ssalkin

Co-op Entitled to Attroneys' Fees

Features

What a Difference 3 Months Can Make Image

What a Difference 3 Months Can Make

Lisa Brown

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 Image

Coronavirus 'Brutal' for Real Estate Transactions as Lenders Hit Brakes on Financing

Lidia Dinkova

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 Image

Force Majeure and the Doctrine of Impossibility

John G. Kelly

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 Image

Neighbor Standing to Challenge SEQRA Determinations

Stewart E. Sterk

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 Image

Assignment and Consent Standards in Commercial Leases

John G. Kelly

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 Image

Landlord & Tenant Law

ssalkin

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 Image

Real Property Law

ssalkin

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 Image

In the Wake of Shields: Broader Implications for Decision on Commercial Landlord Liability

David Incle Jr. & Christian R. Baillie

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.

Features

Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy Image

Tips to Minimize Landlord's Exposure When a Commercial Tenant Files Bankruptcy

Carmen Contreras-Martinez 

Landlords often have clues that a tenant is going to be filing for bankruptcy, rental payments are consistently late several months in a row and the tenant falls more than a month behind on the rent. But, it can still be shocking when a landlord receives a legal notice in the mail, instead of a rent check.

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