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Features

'Best Efforts' Clauses In Commercial Leases Image

'Best Efforts' Clauses In Commercial Leases

Gary M. Rosenberg, Alexander Lycoyannis & Michael A. Pensabene

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 Image

The Impact of Local Law 97

Matthew Schneid

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 Image

The Impact of New York's Greenhouse Gas Law

Matthew Schneid

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 Image

How to Strike a Deal In a Stagnant Net Lease Market

Chad Kurz

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

NYRE Staff

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

NYRE Staff

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? Image

Can ChatGPT Take the Place of Real Estate Lawyers?

Tony Alfonso

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

NYRE Staff

Issues of Fact Preclude Summary Judgment on Habitability Claim

Features

The Impact of Fed Rate Hikes on CRE Financing Image

The Impact of Fed Rate Hikes on CRE Financing

Erik Sherman

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 Image

Rights of Tenant to Security Deposit When Landlord Files for Bankruptcy

Andrew C. Kassner & Joseph N. Argentina Jr.

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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