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Features

Mass. Appeals Court: Accelerating Rent As Liquidated Damages Unenforceable Image

Mass. Appeals Court: Accelerating Rent As Liquidated Damages Unenforceable

Allison Dunn

The Massachusetts Appeals Court recently reversed a judgment in favor of a landlord in a tenant default matter, finding that a provision of a commercial lease that accelerated the remaining rent as liquidated damages is unenforceable as a penalty. The opinion "brings uncertainty to thousands of existing commercial lease agreements."

Features

Second Circuit Orders Refund of Unconstitutional Quarterly Fee Overpayment Image

Second Circuit Orders Refund of Unconstitutional Quarterly Fee Overpayment

Francis J. Lawall & Marcy J. McLaughlin Smith

Many practitioners have been speculating as to how courts will address the potential remedy for the unconstitutional U.S. trustee fees imposed against Chapter 11 debtors pending in U.S. trustee districts under the 2017 amendment to 28 U.S.C. Section 1930.

Features

Yes, There Were Non-COVID Commercial Lease Decisions During the Pandemic Image

Yes, There Were Non-COVID Commercial Lease Decisions During the Pandemic

Adam Leitman Bailey & John M. Desiderio

In the past two years, in litigations between commercial landlords and commercial tenants, appellate courts continued to issue decisions on topics, unrelated to COVID questions, that should interest all real estate attorneys and their clients.

Columns & Departments

Co-ops and Condominiums

NYRE Staff

Absence of Itemized Statement Did Not Justify Cancellation of Co-Op Corporation's Liens Jury Trial Waiver Enforced Statute of Frauds Prevents Enforcement of Gift of Co-Op Shares Mitchell-Lama Occupant Successor Occupant Entitled to Injunction Tolling Exclusive Purchaser Period

Features

What's In Store for Bankruptcy In 2023? Image

What's In Store for Bankruptcy In 2023?

Dan Roe

Practitioners Weigh In If anyone was holding out hope for a tidal wave of corporate bankruptcies in 2022, it's time to abandon ship. If that was part of your 2023 budget, don't get on the ship altogether.

Columns & Departments

Landlord & Tenant Law

NYRE Staff

Landlord's Re-Entry Not Authorized By Lease Provision Plans to Demolish Building Supported Denial of Renewal Lease Guarantor Entitled to Raise Questions of Fact About Entitlement to Rent Abatements

Columns & Departments

Development

NYRE Staff

Taking Claim Ripe In Light of Town's Failure to Act

Columns & Departments

Co-ops and Condominiums

NYRE Staff

Multiple Dwelling Law §302 Does Not Apply to Co-Ops

Columns & Departments

Eminent Domain Law

NYRE Staff

Inverse Condemnation Claim Time-Barred

Columns & Departments

Real Property Law

NYRE Staff

Church's Board Approved Sale Questions of Fact About Ouster Precluded Dismissal of Accounting Claim Against Co-Tenant Forgery Allegations Failed to Raise Question of Fact No Private Right of Action to Enforce Food Cart Regulations

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