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Columns & Departments

Cooperatives & Condominiums

ssalkin

Purchaser Adequately Alleged Concealment of Defects<br>Space Allocation Cannot Be Changed Without Unanimous Vote; Unjust Enrichment Claim Survives

Columns & Departments

Real Property Law

ssalkin

No Easement Created<r>Grant Created Valid and Alienable Possibility of Reverter<br>Contract Vendee Entitled to Specific Performance<br>Questions of Fact About Scope of Mortgage

Features

Waiving the Right to <i>Yellowstone</i> Injunctive Relief Image

Waiving the Right to <i>Yellowstone</i> Injunctive Relief

Janice G. Inman

In a case of first impression, and after it decided public policy would not be offended, New York's Appellate Division, Second Department, decided earlier this year that commercial tenants may contractually waive the right to seek a <i>Yellowstone</i> injunction in <i>159 MP Corp. v. Redbridge Bedford,</i>

Features

The Tax Cuts and Jobs Act and How It Affects Real Estate Image

The Tax Cuts and Jobs Act and How It Affects Real Estate

Peter M. Fass

<b><i>Part Two of a Two-Part Article</b></i><p>Part One of this article discussed changes affecting real estate including the pass-through business deduction adopted in new §199A of the Tax Act. Part Two expands upon the workings of the pass-through business deduction (pass-through deduction).

Features

Tenant Liability CERCLA Changes Under 2018 BUILD Act Image

Tenant Liability CERCLA Changes Under 2018 BUILD Act

Nicole TK Moore

One of the significant updates to the law is that now, a tenant at an industrial or manufacturing site can, under appropriate circumstances, claim the “bona fide prospective purchaser” defense to Superfund liability and escape strict, joint, and several owner/operator liabilities when leasing previously-contaminated property.

Columns & Departments

Case Notes

ljnstaff

Lease Assignee Can Make Claim that Appears to Concern Only Property's Owners

Features

Thinking Outside of the Big-Box: Understanding License Agreements Image

Thinking Outside of the Big-Box: Understanding License Agreements

Kelly D. Stohs & David P. Vallas

One critical component to the successful evolution of a shopping center is creating a stronger connection with community through attractions, events and promotions that bring a fresh vibrancy to the centers. These specialty relationships and other short-term relationships are generally memorialized in a license agreement rather than a traditional lease.

Features

The Comprehensive Plan Requirement Image

The Comprehensive Plan Requirement

Stewart E. Sterk

Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance?

Features

The Tax Cuts and Jobs Act — How It Affects Real Estate Image

The Tax Cuts and Jobs Act — How It Affects Real Estate

Peter M. Fass

<b><i>Part One of a Two-Part Article</b></i><p>The Tax Act is the most sweeping change to the U.S. federal income tax laws since 1986. This and future articles discuss the individual tax and business tax provisions that affect real estate investment and investors in real estate.

Columns & Departments

Development

ssalkin

Developer Had No Vested Right to Subdivision<br>TDR Provision Not Adequately Referred to County Planning Board

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