Features
Christine G. Barlow
Water issues are often confusing and involve multiple undefined terms such as plumbing, sewer, drain, overflow, or discharge. This article reviews how the terms are applied in the commercial property policy.
Features
Brian Peykar
The legalization of cannabis in New Jersey has created tremendous economic opportunities for commercial and industrial property owners. Aside from the potential financial benefits, property owners should approach this newer market in a cautious manner before embarking on leasing to cannabis retailers and/or growers given the multitude of issues and concerns surrounding the cannabis industry.
Features
Deborah E. Riegel
Consistent with the Second Circuit's opinion, the District Court in March 2023 found that the Guaranty Law, a pandemic law that was implemented to protect struggling commercial tenants and small businesses, lacked the requisite reasonability to overcome a Contract Clause challenge,
Columns & Departments
New York Real Estate Law Reporter Staff
Specific Performance Available for Breach of Contract to Convey Air Rights
Challenge to Site Plan Approval Dismissed for Failure to Join a Necessary Party
NYU's Challenge to Zoning Amendment Dismissed for Lack of Standing
Town's Construction of Its Ordinance Was Irrational
Condition on Special Permit Renewal Invalidated As Unreasonable
Columns & Departments
New York Real Estate Law Reporter Staff
Tenant Violated the Lease By Changing Nature of the Restaurant
Lease's Guaranty Clause Did Not Bind Tenant's Principal
Yellowstone Injunction Denied Because Tenant Failed to Show It Was Willing and Able to Cure Defaults
Loft Occupant Remains Protected By Loft Law
Columns & Departments
New York Real Estate Law Reporter Staff
Buyer Entitled to Return of Deposit Because Estoppel Certificates Were Inadequate
City Had Authority to Extinguish Interest of Delinquent Taxpayers After Four Month Redemption Period Expires
Survival Clause Includes No Expiration Date
Easement Not Invalid for Fraud
Columns & Departments
New York Real Estate Law Reporter Staff
Co-Op Purchaser Not Entitled to Cancel Contract
Appointment of Receiver to Collect Rent Owed to Defaulting Commercial Unit Owner Upheld
Features
Deborah E. Riegel
New York's Guaranty Law was challenged as unconstitutionally restricting a plaintiff's contractual rights The District Court held the law to be constitutional because it advanced a significant and legitimate public purpose through reasonable and appropriate means.
Features
Joseph J. Ori
What is different about this distressed cycle is that most of the lenders are not foreclosing and taking title to the CRE assets, managing, and leasing them for a few months and then selling the properties. They are more likely to sell the note/mortgage rather than foreclose on the property. This presents a unique and interesting opportunity for astute distressed investors, who are experienced in acquiring mortgage notes secured by commercial property and in the arduous foreclosure and bankruptcy process,
Features
Adrienne B. Koch
&
Neil S. Miller
Both litigators and transactional lawyers know the basic drill: specific performance is available for breach of a contract whose subject matter is so unique that money damages will not adequately compensate the non-breaching party. But it does not necessarily follow that specific performance is generally available for breach of an agreement that involves real estate. This article discusses why and suggests some ways parties can achieve more certainty in this regard.
