Features
COVID-19 and Lease Negotiations: Casualty Provisions
First in series of articles that will examine specific aspects of the COVID shift in which commercial lease negotiations are seeking protection against unlikely events. Part 1 focuses on casualty provisions.
Columns & Departments
Eminent Domain
Condemnation Invalid for Failure to Establish Public Purpose
Columns & Departments
Landlord & Tenant Law
Yellowstone Injunction Denied for Failure to Move on Time
Features
While Economy Recovers, Commercial Real Estate May Be Due for a Correction
Before investors get too carried away by the news of recovery in commercial real estate, they should pause to ask themselves, "what are we recovering from?"
Columns & Departments
Co-ops and Condominiums
Residential Owners Have Claim for Inadequate Quality of Hotel Unit
Features
Migrating Businesses Help Grow South Florida CRE Market Despite, and Because of, the Pandemic
The South Florida office market has seen a shift due to COVID, with some downsizing and modifications of office buildings, but the influx of new potential tenants has helped mitigate any potential downsides other markets may have seen.
Features
Federal Class Action Available for Delay In Recording Mortgage Satisfaction
Because the Second Circuit held that a bare violation of New York's Mortgage-Satisfaction-Recording Statutes without a demonstration of actual injury conferred federal jurisdiction, a mortgagor now has the ability to bring a class action in federal court.
Columns & Departments
Landlord & Tenant Law
Tenant Did Not Establish Fraud to Warrant Application of DHCR's Default Formula Four-Year Lookback Rule Applied to Rent Determinations But Not to Determination of Rent-Stabilized Status Tenant's Impossibility and Frustration of Purpose Defenses Rejected Tenant's Frustration of Purpose Claim Survives Neutral Appraiser Entitled to Examine Previous Appraisals
Features
Say it Ain't So! Tortious Interference with a Sublease By a Master Landlord
A South Carolina appellate court recently affirmed a trial court's decision that a landlord had tortiously interfered with a sublease by terminating the master lease after a fire damaged the subject building and such landlord was liable to the subtenant for punitive damages.
Columns & Departments
Real Property Law
Exclusion for Zoning Regulations Bars Title Insurance Claim Transfer of Residential Properties Not a Fraudulent Transfer Property Owner on Constructive Notice of City's Relocation Lien Fraudulent Transfer Finding Upheld
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