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Features

What You Need to Know About PA’s Act 52 Image

What You Need to Know About PA’s Act 52

John Hosa

The Wholesale Real Estate Transaction Transparency and Protection Act, which requires real estate wholesalers to obtain licensing and grants additional protections to property owners in wholesale transactions, will take effect on Jan. 4, 2025.

Features

What’s In Store for Commercial Real Estate In 2025? Image

What’s In Store for Commercial Real Estate In 2025?

Erik Sherman

With the start of 2025, the pressure’s on for definitive takes on where commercial real estate is going, how long it will take to get there, and who the winners and losers are.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Commercial Tenant Not In Default

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Count Invokes Business Judgment Rule to Uphold Fines Imposed By Co-Op Board

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Questions of Fact About Compliance With Mortgage Contingency ClauseMortgagee Who Purchased At Foreclosure Sale Failed to Establish Bona Fide Purchaser StatusSupreme Court Was Premature In Holding That Option Violated Rule Against Perpetuities

Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

Developer’s Taking Claims Survive Motion to DismissDEC Incorrectly Granted Permit to Expand Nonconforming Mining UseMemorandum of Understanding Not Binding on Subsequent Town Board

Features

City of Yes: Housing Opportunity — A Little Bit Of Everything, Everywhere Image

City of Yes: Housing Opportunity — A Little Bit Of Everything, Everywhere

David Rosenberg

New York City’s recently adopted City of Yes for Housing Opportunity (CHO) represents the most significant overhaul of residential zoning regulations in decades. The interplay between existing procedures and new provisions will likely generate significant interpretive questions and litigation as developers seek to take advantage of these opportunities.

Features

No Guarantee NY's Guaranty Law Survives Constitutional Scrutiny Image

No Guarantee NY's Guaranty Law Survives Constitutional Scrutiny

Claude G. Szyfer & Daria D. Anichkova

After nearly four years of litigation, the Second Circuit held recently that a small commercial landlord lacked standing to seek declaratory relief against the City of New York challenging the Guaranty Law under the Contracts Clause of the U.S. Constitution.

Features

New Commercial Tenant-In-Common Can Modify Loan Terms In Bankruptcy, Even If Not a Party Image

New Commercial Tenant-In-Common Can Modify Loan Terms In Bankruptcy, Even If Not a Party

Andrew C. Kassner & Joseph N. Argentina Jr.

In a recent decision, the U.S. Bankruptcy Court for the District of Massachusetts held that a mortgagee holds a claim that could be modified by a Chapter 11 plan even if the debtor was not indebted under the mortgage.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Tenant Who Stopped Paying Rent May Not Recover DamagesDoctrine of Emblements May Entitle Tenant to Collect Damages for Loss of CropsInsufficient Evidence to Support Use and Occupancy ClaimSuccessor Landlord Liable for Predecessor’s OverchargesGuaranty Law Did Not Protect Guarantor When Tenant Never Closed

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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  • Bankruptcy Sales: Finding a Diamond In the Rough
    There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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