Sale-Leaseback Transactions: Structure, Advantages, Risks and Legal Considerations
September 30, 2025
In today’s economic landscape, many businesses are turning to alternative financing models to access liquidity without disrupting operations. One such strategy — once a niche transaction type, now in the mainstream of real estate finance — is the sale-leaseback. This financial mechanism allows property owners to leverage real estate equity while continuing to occupy and operate their properties.
Protecting Against Generic Indemnity Provisions
September 30, 2025
Real estate businesses and lawyers encounter indemnity provisions in virtually every type of commercial contract. While indemnitees often insist on broad indemnity protection, business owners should be aware of, and try to avoid being bound by, generic indemnity provisions which can be contextually overbroad and result in unanticipated enforcement results.
Availability of Specific Performance In Commercial Real Estate
August 31, 2025
Most contracts dealing with the sale and purchase of commercial real estate provide the purchaser with two primary remedies if the seller defaults, one of which is the right to seek specific performance of the seller’s obligations under the contract. This article explores some situations where specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance.
Is Article 9 Compliance Enough to Preserve a Creditor’s Rights In Its Collateral?
August 31, 2025
When it comes to foreclosing on collateral, secured creditors must be cognizant of the statutory requirements of Article 9 of the UCC. Article 9 has very specific rules governing the foreclosure process and the exercise of remedies. But is compliance with those rules enough to preserve a creditor’s rights in its collateral? It seems there is disagreement among courts as to the correct answer.
Landlord & Tenant Law
August 31, 2025
Kingston’s Rent Stabilization Ordinance UpheldBroker Discriminated On Basis of Disability and Source of IncomeTenant’s Default In Payment of Rent Precludes Defense Based On Breach of Covenant of Quiet EnjoymentGuarantors Bound By Settlement AgreementTenant Challenge to MCI Increases RejectedLandlord Established That Reconfigured Apartment Was Deregulated
AI In Commercial Construction Contracts
August 31, 2025
Artificial Intelligence (AI) is permeating every phase of construction — redefining how buildings and projects are designed, managed, and maintained. This article offers practical analysis, sample clauses, and insights into how AI-specific contract terms can mitigate risk and facilitate responsible innovation.
Relocating Easements By Servient Owner
July 31, 2025
Under what circumstances can a servient owner relocate an easement? New York's Second Department recently faced that question and reaffirmed the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.
