Columns & Departments
Co-ops and Condominiums
Multiple Dwelling Law §302 Does Not Apply to Co-Ops
Columns & Departments
Real Property Law
Church's Board Approved Sale Questions of Fact About Ouster Precluded Dismissal of Accounting Claim Against Co-Tenant Forgery Allegations Failed to Raise Question of Fact No Private Right of Action to Enforce Food Cart Regulations
Features
District Court Rules on Ripeness of Claim Under RLUIPA
When does a RLUIPA claim become ripe? A federal district court in the Southern District of New York dismissed a RLUIPA claim as unripe, borrowing ripeness doctrine from the takings context and declining to apply a "futility exception" to the requirement that a landowner obtain a final decision before proceeding to federal court.
Features
Severing a Master Lease Raises Thorny Issues
A master lease structure is often used where a single landlord and a single tenant intend to lease multiple properties. By using a master lease structure to cover multiple properties as opposed to individual leases, the parties can streamline administration of a large-scale portfolio of properties. However, master lease severance comes with a series of complications.
Features
The Scrivener's Error Doctrine In Commercial Lease Drafting
What are the limits of efforts to rescind or reform an agreement based upon a mistake? Can a mere "Scrivener's Error" during drafting result in a wholesale extinguishing of a lease document?
Columns & Departments
CRE Case Roundup
A compilation of commercial real estate rulings in courts across the country.
Features
Inconsistent Property Description Does Not Invalidate Mortgage
Can a purchaser of a condominium unit at the condominium board's foreclosure sale take free of a prior mortgage by identifying errors or ambiguities in the mortgage documents? In 21647 LLC v. Deutsche National Trust Co., the District Court for the Southern District of New York rejected a bevy of claims raised by the purchaser and held that the purchaser had constructive notice of the mortgage and took subject to the mortgage's priority.
Columns & Departments
Development
Article 78 Proceeding Not Ripe Even Though ZBA Had Not Made a Decision Within 62-Day Time Limit Challenge to Landmark Designation Was Ripe and Stated Plausible Taking and Due Process Claims Landowner Did Not Acquire Vested Rights Based on Invalidly Issued Building Permit ZBA's Grant of Special Use Permit Upheld
Features
Commercial Bankruptcy Filings On the Rise Due to Economic Turbulence
With the recent economic turbulence and pessimism, prudent lenders should be bracing themselves for the coming storm by adopting a five-point "CAPER" strategy: Communicate, Analyze, Preserve, Execute, and Resolve.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- Strategic Uses of a Rule 2004 ExamWhile most bankruptcy practitioners are familiar with the basic concepts behind the Rule 2004 exam, some are less familiar with the procedural intricacies of obtaining, conducting, and responding to the exam ' intricacies that often involve practices and procedures adapted from civil discovery that are beyond the scope of pure bankruptcy practice. This article explains.Read More ›
- COVID-19: Economic Stimulus and SBA LoansA summary of information on the various provisions under the new federal economic stimulus package.Read More ›
- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›