Columns & Departments
Landlord & Tenant Law
Double Rent Holdover Provision Enforceable; Late Fee Unenforceable As a Penalty Extrinisic Evidence Inadmissible to Vary Terms of Lease Agreement Court Upholds Holdover and Prejudgment Interest Provisions Unsigned Lease Agreement Not Binding
Features
Rulings on COVID-19 Defenses In Commercial Real Estate
Despite some new variants and a possible resurgence in the fall, the pandemic closures seem to be finally coming to an end. And with it, so too have most of the COVID-19 defenses in court cases involving commercial leases. However, all may not be foreclosed for a commercial tenant, particularly where a tenant is able to point to a specific provision of its lease that could excuse its obligation to pay rent during the closure of its business.
Columns & Departments
Eminent Domain Law
Claimants Failed to Establish That Property Would Have Been Rezoned Increased Award Proper Where Prior Regulation Might Have Constituted a Taking
Columns & Departments
CRE Case Roundup
A compilation of commercial real estate rulings in courts across the country.
Features
Removing Restrictive Covenants
In Rockwell v. Despart, the Third Department recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Features
Commercial Lease Assumption Under Chapter 11 Bankruptcy
Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.
Columns & Departments
Eminent Domain Law
Adjustment for Condemnation Blight Overturned Current Use Constitutes Highest and Best Use
Columns & Departments
Real Property Law
Partner Had Authority to Sell Tenancy In Common Property Title Report Put Subsequent Lender on Inquiry Notice of Prior Mortgage Administrator Did Not Breach Covenant Against Grantor's Acts Co-Tenant Establishes Title By Adverse Possession
Features
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Columns & Departments
Development
Denial of Area Variance Upheld Enactment of Historic Preservation Law Did Not Require Hearings
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