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Litigation

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

Evidence Supports Award of Severance Damages

Features

Fifth Circuit Ruling Gives Commercial Lessees Likely Protection In Bankruptcy Court Free and Clear Asset Sales Image

Fifth Circuit Ruling Gives Commercial Lessees Likely Protection In Bankruptcy Court Free and Clear Asset Sales

Michael L. Cook

The Fifth Circuit signaled that it would not approve in later cases a bankruptcy court asset sale of real property that summarily cuts off the rights of the debtor's lessees.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Seventh Circuit Denies COVID-Shutdown Insurance Coverage to Movie Exhibitor

Features

Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement Image

Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement

Stewart E. Sterk

In an action to recover a brokerage commission, the Appellate Division affirmed a broker's appeal of denial of its summary judgment motion, holding that questions of fact remained about seller's liability for a commission after expiration of the brokerage agreement.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Prior Landlord's Purchaser of Loft Tenant's Improvements Exempted Unit from Rent Regulation Notice of Termination Did Not Meet Federal Standards Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment Tenant Entitled to Preliminary Injunction Against Use of Video Cameras In Interior of Premises

Columns & Departments

Development Image

Development

NYRE Staff

Neighbors Have Standing to Challenge Use Variance for Operation of Concrete Manufacturing Plant

Features

Why Bankruptcy Attorneys Need to Help Their Clients Face Distressed Assets Now Image

Why Bankruptcy Attorneys Need to Help Their Clients Face Distressed Assets Now

William (Bill) Lobel

Cyclical challenges in the economy are nothing new to bankruptcy attorneys and their clients, and 2022 is shaping up to be that kind of year for business owners nationwide. This is likely to result in a greater need for the services of bankruptcy attorneys as business owners face a mounting wave of distressed financial assets.

Features

Drafter Not Bound By Its Own Deed Modification Image

Drafter Not Bound By Its Own Deed Modification

Yoram Nachimovsky & Kenneth Gelnick

When the city, as a seller of real estate, attaches a document to the deed at closing, but the deed does not refer to that document, may the buyer introduce evidence to establish that the document was intended to clarify the deed description?

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Sponsor's Obligation to Conform to Building Code Not Waiveable Allocation of Boat Slips Protected By Business Judgment Rule Co-Op's Ejectment Action Dismissed

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Statute of Limitations Bars Foreclosure When Mortgagee Was Not Mortgagee In Possession Statute of Limitations Bars Easement Claim Estate Lacked Standing to Challenge Deed on Which Former Partner's Name Was Forged Partition Action Dismissed for Failure to Prove Cotenancy Interest

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