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Features

Retail's New Normal Image

Retail's New Normal

Natalie Dolce

Welcome to the evolving world of retail — a world that is geared toward changing the way people engage in retail and retail destinations feature a blend of entertainment, experiences and services.

Features

Court of Appeals Upholds Privatization of Interior Landmark Image

Court of Appeals Upholds Privatization of Interior Landmark

Stewart E. Sterk

The New York City Landmarks Preservation Law authorizes the Landmarks Preservation Commission (LPC) to designate interior landmarks as well as exterior landmarks. An interior site is eligible for designation only if the public has access to the site, but once the LPC has designated the interior landmark, can the LPC authorize its owner to close the landmark to public access?

Features

Permitted Uses: Flexibility and Adaptability Image

Permitted Uses: Flexibility and Adaptability

Glenn A. Browne

When negotiating permitted-use clauses under retail leases, landlords attempt to achieve the most comprehensive limitations possible so as to avoid conflicts with other tenants' leases and violations of exclusive-use clauses that are maintained by other tenants in the retail facility. Tenants, however, should be very careful to incorporate a certain degree of flexibility and adaptability into their leases' permitted-use clauses to take into account an evolving landscape.

Columns & Departments

Development Image

Development

ssalkin

City Not Estopped from Preventing Construction of Building Despite Longstanding Interpretation of Zoning Resolution

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Broker Breaches Fiduciary Duty By Making Offer That Competes With Client<br>Amendment to Association Bylaws Not Effective Until They Are Recorded<br>Seller Entitled to Cancel Contract When It Could Not Clear Title<br>Buyer's Waiver of Defects In Title Preclude Cancellation By Seller<br>Questions of Fact Preclude Summary Judgment on Mortgage Contingency Issues<br>Broker Not Entitled to Summary Judgment on Fraud Claim By Prior Owner<br>Easement By Prescription Established

Features

The Unlicensed Real Estate Broker in New York: Beware Image

The Unlicensed Real Estate Broker in New York: Beware

Janice G. Inman

The U.S. District Court for the Northern District of New York recently determined that because New York prohibits unlicensed real estate brokers from pursuing payment in its courts for services rendered, a plaintiff who performed real estate work for a client who then did not pay had no standing to sue.

Features

The Best Markets for Opportunity Zone Investors Image

The Best Markets for Opportunity Zone Investors

Paul Fiorilla

Opportunity zones are the latest big thing to hit the commercial real estate market, but many questions remain, including details of how deals can be structured, the best strategy for investing and just how much property there is in the zones.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

ssalkin

Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied

Columns & Departments

Eminent Domain Image

Eminent Domain

ssalkin

Industrial Development Agency's Determination Rationally Related to Stated Public Purpose<br>Industrial Development Agency Did Not Have Authority to Condemn Land Already Used for a Public Purpose

Features

Negotiating Relocation Rights Image

Negotiating Relocation Rights

Terrence M. Dunn

Despite the apparent risks, relocation provisions are frequently not a potential tenant's priority concern when negotiating the business points of a lease. This is a serious oversight. Signing a lease with an overly broad relocation provision can lead to many issues if the landlord elects to exercise its right to relocate the tenant.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Meet the Lawyer Working on Inclusion Rider Language
    At the Oscars in March, Best Actress winner Frances McDormand made “inclusion rider” go viral. But Kalpana Kotagal, a partner at Cohen Milstein Sellers &amp; Toll had already worked for months to write the language for such provisions. Kotagal was developing legal language for contract provisions that Hollywood's elite could use to require studios and other partners to employ diverse workers on set.
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