Columns & Departments
Development
Landowner Did Not Establish Nonconforming Use Protection Zoning Board of Appeals Misconstrued Town Code Definition NYU Has Standing to Challenge Zoning Amendment
Features

Leveraging Qualified Opportunity Funds to Minimize Tax Liability
As the year winds down, savvy real estate investors are searching for ways to minimize their tax liability. One powerful strategy to consider is the qualified opportunity fund (QOF), offering significant tax advantages while promoting long-term growth.
Features

Commercial Property Insurance: How Much Coverage Do You Really Have?
While in many cases involving a substantial property loss the applicable insurance policy limit is clear, in some cases it is not, and the amount to which the policyholder is entitled is governed by a confluence of policy provisions informed by applicable state law.
Columns & Departments
Eminent Domain Law
Public Purpose Challenge to Condemnation Rejected
Features

Report: Window of Opportunity Opens for CRE Investment
After the last few years, a challenge for commercial real estate is knowing when to start investing again. Have markets hit bottom? Still, sinking down? The Federal Reserve cut rates by 50 basis points in September. Will they come down further? There's no guaranteed timing for investment success, but a recent Oxford Economics report suggests a window of opportunity that will be a good time to buy.
Columns & Departments
Landlord & Tenant Law
Charges for Keys Constituted Reduction In Service
Features

'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Columns & Departments
Landlord & Tenant Law
Holdover Tenant Liable for Breach of Covenant Landlord's Acceptance of Rent for 20 Years Waived Right to Challenge Tenancy and to Prevent Exercise of Options to Renew DHCR's Decision Destabilitzing Apartment Upheld
Columns & Departments
Real Property Law
Scope of Easement Included Right to Install Seasonal Dock No Easement By Necessity But Questions of Fact Remained About Prescription Claim Questions of Fact Remain About Effects of Drilling On Neighboring Parcel Condominium Not Entitled To Summary Judgment On Neighbor's Claim for Negligent Maintenance of Water Main
Columns & Departments
Co-ops and Condominiums
Fraudulent Conveyance Claim Against Sponsor Avoids Dismissal Unit Owner's Appropriation of Common Area Constitutes Continuous Trespass Not Barred By Statute of Limitations
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