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Columns & Departments

Case Notes Image

Case Notes

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Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

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Technical Defects Do Not Invalidate Amendments to Condominium Declaration

Features

Reset Clauses In Ground Leases Image

Reset Clauses In Ground Leases

Peter E. Fisch & Mitchell L. Berg

The purpose behind rent reset clauses is simple — to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.

Features

Flood and Terrorism Insurance Reauthorization: Safe for Now Image

Flood and Terrorism Insurance Reauthorization: Safe for Now

Jeffrey B. Steiner & Scott A. Weinberg

Federal programs have made insurance more readily accessible to protect real property in the event of a flood or an act of terrorism. These programs enable flood and terrorism insurance to be widely available at realistic price points by ensuring that the amount of the premiums payable for such insurance remain at a level that a borrower can afford, which in turn preserves the underwritten economics of the loan transaction.

Features

Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech Image

Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech

Steven M. Silverberg

A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

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Out of Possession Landlord's Agreement With HUD To Maintain Premises Does Not Subject Landlord to Personal Injury Liability Out of Possession Landlord Liability for Injuries on Abutting Sidewalk Breach of Lease By Subsidiary Does Not Justify Piercing Corporate Veil Tenant Not Entitled to Preliminary Injunction Requiring Landlord to Co-Operate Landlord Must Maintain Elevator Service for Use By Single Tenant Tenant Not Relieved of Obligation to Pay Real Estate Taxes

Features

Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech Image

Local Law Banning Music Festival Is Not Unconstitutional Restraint of Speech

Steven M. Silverberg

A landowner challenged local zoning that banned holding a three-day music festival, arguing that the law was an unconstitutional violation of free speech and void for vagueness.

Columns & Departments

Real Property Law Image

Real Property Law

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Mechanic's Lien Not Invalid on Its Face Temporary Flooding Not a De Facto Taking

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

Because bankruptcy can add significant expenses and increase the time it takes to remove a delinquent tenant, landlords should not allow tenants to fall far behind on rental payments. Here are some tips on how to address the issues raised by a bankrupt tenant.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

ssalkin

Business Judgment Rule Protects Parking Fee Determination

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