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Litigation

  • A large number of reported decisions interpreting Sub V have mostly addressed the eligibility threshold for a debtor to proceed under the new law. And legitimate questions will continue to present themselves. Such is the nature of most new (and even not-so-new) statutes.

    May 01, 2021Jonathan P. Friedland, Mark Melickian & Hajar Jouglaf
  • 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

    May 01, 2021NYRE Staff
  • 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.

    May 01, 2021Erika Morphy
  • At present, there remains no avenue for Chapter 11 debtors to receive PPP Loans during the course of the bankruptcy case. The limitation on PPP availability notwithstanding, other legislative changes have greatly enhanced the eligibility for and efficacy of bankruptcy relief for many small businesses.

    May 01, 2021Alison D. Bauer
  • 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

    May 01, 2021ssalkin
  • 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.

    May 01, 2021Timothy M. Hazel and Gaetan J. Alfano