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Features

Drafting a Fair Force Majeure Provision In the Wake of COVID-19 Image

Drafting a Fair Force Majeure Provision In the Wake of COVID-19

Scott R. Lippert & Darcy Baboulis-Gyscek

Only a handful cases have addressed force majeure clauses in commercial real estate agreements in the wake of the pandemic, which has produced conflicting views as to whether performance was excused.

Features

Retail Lease Workout Trends Show 'We're All In This Together' Image

Retail Lease Workout Trends Show 'We're All In This Together'

David Samole

There have been plenty of cases during the pandemic that shape the landlord-commercial tenant dynamic both in Chapter 11 bankruptcies and in workouts.

Features

New Normal Will See Shift In How Commercial Real Estate Is Done Image

New Normal Will See Shift In How Commercial Real Estate Is Done

Aron Solomon

By moving away from demand for traditional offices and office space, employers will be able to select from a much broader range of talent and a much greater geographical range of places to find and use these employees.

Features

Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building Image

Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building

Paul D. Selver & James P. Power

In Committee for Environmentally Sound Development ("CESD") v. Amsterdam Ave. Redevelopment Associates LLC, the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.

Columns & Departments

Real Property Law

NYRE Staff

Easement By Necessity Claim Fails for Inadequate Proof of Unity of Title At Severance No Specific Performance When Purchaser Failed to Elect Contract Remedies Subdivision of Dominant Parcel Did Not Terminate Easement Judgment Creditor Not Entitled to Compel Sale of Tenancy By the Entirety Property Questions of Fact Preclude Summary Judgment on Specific Performance Claim Town Had No Authority to Issue Parking Permits on Land of Waterfront Owners

Features

Underwriting Adjusts As Pandemic Continues Image

Underwriting Adjusts As Pandemic Continues

Erika Morphy

Underwriting clearly has been affected by the pandemic-led downturn. Lenders are using higher vacancies and reserves to underwrite, leading to more conservative loan proceeds.

Columns & Departments

Co-ops and Condominiums

ssalkin

Occupation By Family Member of Corporate Principal Does Not Terminate Unsold Share Status Abandonment of Easement By Condominium Unit Owner Condominium Unit Owner Entitled to Damages for Board's Failure to Approve Transfer

Features

Law Firms Should Take Advantage of Tenant Market Post-COVID-19 Image

Law Firms Should Take Advantage of Tenant Market Post-COVID-19

Timothy M. Hazel & Gaetan J. Alfano

Due to COVID-19's impact, the commercial office market should fundamentally shift in favor of tenants for the next several years. Law firm tenants should find an environment characterized by friendly concessions, options across asset classes and price ranges, and limited competition for space.

Columns & Departments

Landlord & Tenant Law

NYRE Staff

HSTPA Did Not Apply Retroactively to Personal Use Petition

Features

Office Market Recovery Brings Opportunity Image

Office Market Recovery Brings Opportunity

Leslie Shaver

The office market weathered a pandemic-fueled revolution last year, but both owners and tenants responded with impressive adaptability and endurance. Those things bode quite well for the sector's recovery.

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