Features
Jonathan Robbin
The decision in Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.
Features
Erik Sherman
When executives aren't sure what normal will look like in where employees work, they can't tell how much office space they need. While some sectors of commercial real estate are stable in terms of tenants, others are a question. That's leading to some pushing for shorter-term leases — ironically, both by tenants and some owners — as well as headaches for underwriting as the predictability of tenancy is up in the air.
Features
Robert K. Scheinbaum
&
Philip W. Allogramento III
As the commercial real estate market undergoes seismic shifts, companies may find themselves in situations where their tenant or their landlord has filed for bankruptcy protection. Questions then quickly arise, such as if and how a landlord may evict a bankrupt tenant, whether a bankrupt tenant may remain as a lessee and continue to occupy the premises, and how to measure damages for a landlord in this situation, both before bankruptcy and going forward post-petition.
Features
Stewart E. Sterk
When the NY state legislature enacted the Housing Stability and Tenant Protection Act of 2019 (HSTPA), much of the statute's focus was on increased protection for rent regulated tenants. But the statute also includes a number of significant provisions that apply to market rate tenants.
Columns & Departments
NYRE Staff
Questions of Fact About Whether Deed Conveyed to Centerline of Abutting Road
Deed Created Easement, Not Fee
Questions of Fact About Meaning of Restrictive Covenant
Adverse Possession By 99-Year Lessee
Equitable Lien Claim Fails
Agreement Released Trespass and Nuisance Claims Against Neighbor
Easement Not Abandoned
Columns & Departments
NYRE Staff
No Quorum At Shareholders' Meeting
Nuisance and Fraudulent Conveyance Claims Restored
Columns & Departments
NYRE Staff
Landowner Lacked Standing to Challenge Zoning Amendment
Sierra Club Lacks Standing to Challenge Zoning Amendment
Columns & Departments
NYRE Staff
DHCR Had Rational Basis for MCI Determination
Guarantor's Letter Did Not Revoke Guaranty
Features
Richard S. Fries
A series of strategies and drafting techniques relevant to commercial real estate loan workouts and enforcement. This article isn't a "how-to" primer on loan enforcement or restructuring the distressed loan, it identifies some of the current solutions and insights that have been observed, implemented and proposed during this pandemic-impacted workout cycle.
Features
Ted Knutson
Commercial insurance prices are rising as increased costs from climate change, the supply chain crisis and inflation take hold, Westchester, a commercial property, and casualty insurance underwriter, said in a new report.
