Features
'Best Efforts' Clauses In Commercial Leases
Undefined terms of art such as "best efforts" are often utilized in commercial leases, but the interpretation of those terms and the enforceability of the clause, when left to the courts, will turn on how the lease is drafted.
Features
The Impact of Local Law 97
Local Law Number 97 was enacted by the City of New York to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.
Features
The Impact of New York's Greenhouse Gas Law
New York City's Local Law Number 97 was enacted to amend the New York City Charter and Administrative Code to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.
Features
How to Strike a Deal In a Stagnant Net Lease Market
Transactions have slowed in just about every category for commercial real estate and net lease is no exception. The reasons are myriad for that but let's boil them down.
Columns & Departments
Development
Neighbor Lacked Standing to Challenge Nonconforming Use Determination Parking Congestion Allegations Insufficient to Confer Standing Council's Approval of PUD Upheld Neighbor Had No Standing to Challenge SEQRA Determination
Columns & Departments
Real Property Law
Open Use of Driveway Provides Constructive Notice of Unrecorded Easement Subsequent Purchaser Qualifies As Bona Fide Purchaser Despite Notice of Prior Purchaser's Appeal Notice of Pendency Not a Substitute for Recording Defect In Original Foreclosure Precludes Reforeclosure Sellers Who Paid Tax Are Entitled to Refund of Overpayment Easement Holder Has Right to Erect Dock
Features
Can ChatGPT Take the Place of Real Estate Lawyers?
While we marvel at the myriad applications of ChatGPT, it's important to note that this newly introduced tool has nuances which can create problems if misunderstood — especially when attempting to produce legal documents or legal advice in real estate transactions.
Columns & Departments
Landlord & Tenant Law
Issues of Fact Preclude Summary Judgment on Habitability Claim
Features
The Impact of Fed Rate Hikes on CRE Financing
When experiencing pain, the natural human response is to ask when it might stop. That is what commercial real estate, among other industries, have been doing. When will inflation end and the Federal Reserve stop hiking rates?
Features
Rights of Tenant to Security Deposit When Landlord Files for Bankruptcy
As we debate whether there will be a "soft" or "hard" landing of the economy and the resulting effect of different landings on the volume of bankruptcy filings, it is helpful to review how a bankruptcy filing affects not only rights between a creditor and the debtor, but also the respective rights of creditors against property held by the debtor.
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