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Section 365 of the Bankruptcy Code grants debtors the ability to assume or reject any executory contract or unexpired lease. Debtors must assume or reject a lease in its entirety and are not free under Section 365 to assume only favorable provisions of a lease. Courts, however, have consistently held that they will not find a multi-property master lease to be a unitary lease merely because such properties are demised in a single document.
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State May Recover Part of Advance Payment from Condemnee
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Co-Op Entitled to Use and Occupancy Pendent Lite
Features
New York's recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements that affect not only cannabis companies, but also the companies that conduct business with them.
Features
The pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security — guaranties and cash security deposits. This article examines the impact of the pandemic on each of those types of security and offers some suggestions for landlords going forward.
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Absent Express Language, Restrictive Covenant Does Not Run With the Land Mortgagee Not Entitled to Expungement of Satisfaction Junior Mortgagee Entitled to Rely on Erroneously Recorded Satisfaction of Senior Mortgage Easement Holders Entitled tTo Pave Easement to Improve Access Federal Government Not Liable for Erosion Damages Caused By Alleged Failure to Maintain Jetties Representations and Warranties Survive Closing
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Disability Discrimination Claim Dismissed As Moot
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Flexibility, creativity, and other tips for commercial leasing as 2021 comes to a close.
Columns & Departments
Board of Appeals Made Inadequate Efforts to Accommodate Religious Use
Features
The rush to such sectors as industrial and multifamily has compressed cap rates, leaving many to reconsider how they measure value and leaning more toward internal rate of return.
