Features
The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements
At a time when the COVID-19 crisis is causing an unprecedented number of lease defaults, a recent NY Court of Appeals decision provides both guidance and warnings to attorneys asked to negotiate and litigate leasehold surrender agreements.
Features
The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements
At a time when the COVID-19 crisis is causing an unprecedented number of lease defaults, the recent Court of Appeals decision, The Trustees of Columbia University v D'Agostino Supermarkets, Inc., provides both guidance and warnings to attorneys asked to negotiate and litigate leasehold surrender agreements.
Columns & Departments
Development
Use Variance Not Necessary for Use of Home As AirBnB Rental Merger of Back-to-Back Lots
Features
Extra-Judicial Evictions of Commercial Tenants During COVID-19
This article addresses and updates the law on the self-help remedy that enables commercial landlords to regain possession of leased premises from tenants in material breach of one or more lease covenants.
Columns & Departments
Real Property Law
Stranger to the Deed Rule Does Not Bar Easement Claim Misconduct By Mortgagor's Lawyer Voids Foreclosure Sale Permissive Exclusive Use of Common Driveway Does Not Extinguish Easement Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default
Features
2020 Provides Roadmap for Success in 2021
If commercial real estate is going to have a successful 2021, it will require the ability to seek out unexpected advantages.
Features
'Frustration' and 'Impossibility': Viable Defenses Amid the Pandemic?
As the COVID-19 pandemic and its accompanying economic fallout continue to unfold, commercial tenants have increasingly come to rely on the common law doctrines of impossibility of performance and frustration of purpose as defenses to the nonpayment of rent.
Features
Four Class Actions Allege Rent Overcharge Chicanery
On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.
Features
Four Class Actions Allege Rent Overcharge Chicanery
On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.
Features
Finding Common Ground In Lease Provisions During COVID-19
This article seeks to examine key current issues, and offers practical advice to landlords and tenants seeking common ground to address the ongoing financial toll of the pandemic.
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