Features
Second Circuit Expands Federal Class Actions for Mortgagors
The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.
Columns & Departments
Co-ops and Condominiums
Summary Judgment Premature on Discrimination Claim Defect In Recording Insufficient to Defeat Mortgage Priority
Features
Legal Issues of Leasing to Cannabis Businesses
New cannabis businesses will need to lease commercial space in order to operate — and undoubtedly, many real estate owners are eager to meet this new demand. However, owners and prospective cannabis businesses have many legal issues and questions to consider before entering into lease agreements.
Features
Force Majeure Clauses In Construction Contracts In the Aftermath of COVID-19
We are only beginning to scratch the surface of the effect on the construction litigation visited on us by COVID-19-related impacts. However, the pandemic and its continuing impact has reinforced the importance of planning for the unexpected — and undefined — when negotiating construction contracts.
Features
Hoteling Here to Stay As Law Firms Return to the Office
For the Big 4 consultancies, hoteling has been a positive operational construct for over a decade, or in some cases longer. The success of the decentralized law firm depends in some part on how well firms can shift "hoteling" from the negative connotation of "losing my desk" to the positive connotation of "having a hotel-like experience."
Features
Fear of Unknown In Force Majeure Litigation Prompting Settlements
Since the pandemic began, lawyers have been using the coronavirus to justify nonpayment of rent, construction delays and even termination of labor contracts. But the prospect of litigating a contract cancellation based on force majeure is still so fraught with peril that many breach-of-contract disputes end in an amicable resolution.
Features
Legislature Modifies HSTPA to Assist Co-ops
In June, New York's lawmakers approved amendments to the Housing Stability and Tenant Protection Act, exempting cooperative corporations from some of the most onerous provisions, and clarifying others. Once signed, the new legislation will not only be a huge victory for the thousands of cooperative apartment buildings but also for many potential purchasers who were unable to purchase in those buildings as a result of the Act.
Features
Frustration-of-Purpose Use In Commercial Leases During the Pandemic
The use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the commercial real estate market — and the economy more generally.
Columns & Departments
Real Property Law
License to Enter Neighbor's Property Reversed Partnership Lacked Authority to Convey Property Questions of Fact About Whether Easement Extinguished By Adverse Possession Purchaser Acquired Deed By False Pretenses Broker Failed to Establish Agreement to Pay Commission
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