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Features
The circumstances attending each purchaser’s or seller’s failure to close on the Time Is of the Essence closing date is always unique, and this has resulted in an innumerable variety of judicial decisions applied to ever-changing real estate scenarios.
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Condominium Buyer Failed to Demonstrate Lawful Excuse for Failure to Perform
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One often-overlooked provision that was made permanent by the One Big Beautiful Bill Act could have a significant negative impact on certain taxpayers, particularly those in the rental real estate industry. Many rental real estate owners qualify for the real estate professional exception and thus are not subject to the passive loss rules.
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Challenge to Positive SEQRA Declaration Not RipeZoning Board of Appeals Failed to Properly Apply Statutory Balancing Test for Area Variance
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Liability management exercises (LMEs) have gained considerable attention during the past few years. Whether intended for good purposes or not, LMEs have significantly disrupted the traditional loan business through aggressive priming and subordination tactics — leading some to characterize this phenomenon as lender-on-lender violence.
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Several real estate practice leaders in Big Law are reporting a surge in activity, as their clients commit to more acquisitions, leasing, development and finance deals related to AI data centers and office spaces. As a result, law firm leaders say they are growing these practices with attorney hires.
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Challenge to Tax Deed Remanded for Consideration of Constitutional IssuesBroker Not Entitled to Commission When Loan Obtained Without Broker’s InvolvementCity Can Remove Canopies Attached to Buildings Without Landowner Consent
Columns & Departments
Town Did Not Obtain Prescriptive Easement to Discharges Stormwater Over Neighboring Land -Adverse Possession Claim Rejected Because Use Was Permissive -No Injunction Against State for Failure to Stop Neighbor’s Unauthorized Use of State Property -Foreclosing Lender Entitled to Second Opportunity to Establish Fair Market Value In Attempt To Recover Deficiency Judgment -Offer to Purchase Does Not Negate Hostility Requirement for Establishing Adverse Possession
Columns & Departments
Class Certification Upheld On Habitablity Claim -Colorable Claim of Fraud Justifies Looking Back Past Four Years -Tenant Entitled to Return of Deposit Because Lease Was Illegal
Columns & Departments
Shareholder’s Easement By Necessity Claim Reinstated
