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Features

The Scope of the Equitable Subrogation Doctrine Image

The Scope of the Equitable Subrogation Doctrine

Stewart E. Sterk

Recently, the Second Department faced three claims of equitable subrogation over a two-week period and in two of those cases, indicated that the doctrine would not be applicable if the junior mortgagee advanced funds to satisfy a senior mortgage with knowledge of an interest whose priority was inferior to that senior mortgage.

Columns & Departments

Development Image

Development

ljnstaff

Analysis of key Zoning Board of Appeals decisions.

Features

Rules for Investing In NNN Deals Image

Rules for Investing In NNN Deals

Stephen Nostrand

<i><b>The Mysteries and The Risks</b></i><p>The triple net lease, or NNN (also known as a bondable lease), is a common lease structure used in commercial real estate. Even though it has become widely popular, the most seasoned investors and their advisers do not always fully understand the details.

Features

Equipment Financing Is on the Rise Image

Equipment Financing Is on the Rise

ljnstaff

According to the recently released U.S. Equipment Finance Market Study 2016-2017, conducted for the Equipment Leasing and Finance Association, 78% of respondents used at least one form of financing when acquiring equipment in FY 2015. This is up from 72% of respondents from the previous Foundation market study released in 2012, and represents an increase in the overall propensity to finance.

Columns & Departments

Landlord & Tenant Image

Landlord & Tenant

ljnstaff

A look at a case in which stipulation of a settlement in a nonpayment proceeding estopped a landlord from collecting rent after the tenant surrendered possession.

Columns & Departments

Case Notes Image

Case Notes

ljnstaff

A New York court has found that a landlord did not commit fraud when it failed to disclose to its prospective tenant that a long-term municipal improvement construction project was about to commence near the leased premises.

Columns & Departments

Real Property Law Image

Real Property Law

ljnstaff

Expert discussion of several pivotal cases.

Columns & Departments

Development Image

Development

ljnstaff & Law Journal Newsletters

Two cases of interest.

Columns & Departments

Real Property Law Image

Real Property Law

ljnstaff & Law Journal Newsletters

Detailed discussion involving two rulings of importance.

Features

Release of Pineland Development Restrictions Invalidated Image

Release of Pineland Development Restrictions Invalidated

Stewart E. Sterk

Once Suffolk County pays a landowner to acquire Pineland Development Rights, can the county give some of those rights back to the landowner, without even requiring the landowner to pay for them?

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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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