Features
Is the Receiver or Debtor More Likely to Preserve and Maximize the Value of the Property In a Bankruptcy?
Many clients are not aware that the Bankruptcy Code provides that, upon the filing of a bankruptcy case, the receiver is required to give back possession of the mortgaged property to the debtor unless the lender obtains an order from the Bankruptcy Court excusing the receiver from this requirement.
Features
Evaluating Commercial Leases Post-'Rohrmoos'
Rohrmoos should encourage lawyers drafting leases, and those in lease disputes, to account for some new practical considerations. The drafting attorney should — if they are not already — include a clause in the lease expressly stating the parties' covenants are independent from one another.
Features
Local Law 18: A Change to Short-Term Rentals In New York City
On Sept. 5, 2023, the New York City Short-Term Rental Registration Law (Local Law 18) took effect which directly impacts the ability of an individual unit owner to rent his or her apartment on a short-term basis.
Features
Are Law Firms' Real Estate and Tech Spending Invariably at Odds?
But in place of the common assumption from the COVID years that real estate and technology spending were inversely related, it's becoming increasingly clear that the two line items — which trail only talent on the overall cost hierarchy — have a more complex relationship.
Features
2024 Could Mark a Turning Point for Office Sector
The drumbeat of bad news from the office sector has been so pervasive over the past years that it has almost become a fact of life. But a new report suggests that 2024 could mark a turning point — with the possibility in a few years that demand for office space will exceed supply.
Columns & Departments
Development
Contract Vendee Lacks Standing to Challenge Denial of Permit Application Board's Denial of Site Plan Approval Invalidated Inadequate SEQRA Review Requires Denial of Site Plan Approval
Features
Rite Aid Rejects 168 Store Leases As Part of Bankruptcy
Unable to absorb the potential cost of federal, state and private lawsuits over allegations that it, along with other drugstore chains, oversupplied prescription painkillers, Rite Aid filed for bankruptcy protection in September.
Columns & Departments
Real Property Law
Prescriptive Easement Counterclaim Dismissed Implied Easement Claims Rejected Questions of Fact Preclude Summary Judgment on Adverse Possession Claim Broker Failed to Establish Implied Contract Questions of Fact Remained About Whether Encroachment Was De Minimus
Features
Second Circuit Erects Barriers to Due Process When Challenging Permit Denials
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.
Features
What Is Property for Due Process Purposes?
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.
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