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We found 2,403 results for "Commercial Leasing Law & Strategy"...

Real Property Law
April 01, 2021
Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions Seller Denied Summary Judgment on Purchaser's Fraudulent Inducement Claim Fraudulent Transfer Claim Reinstated Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water Supreme Court Improperly Denied Specific Performance to Purchasers Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale Judgment Lien Enforced Despite Error In Docketed Amount
Landlords Could See Courts Sympathetic to Tenants In Eviction Lawsuits
April 01, 2021
While residential cases will grab the headlines, commercial property owners, managers and their attorneys should know that financially troubled tenants will be making news of their own. Armed with the hope of keeping their business afloat, they will unveil, or expand on, defenses to mitigate the pandemic's financial impact and to save their leases.
Landlord & Tenant Law
April 01, 2021
Tenant Entitled to Terminate Lease When Premises Were Not Broom Clean Provision Ending Discounted Rate If Tenant Pays Late Is Unenforceable
Law Firms Taking Advantage of Tenant's Market In Office Space
April 01, 2021
Law firms are waiting to see how new trends like working remotely play out for office space post-pandemic, but that wait-and-see approach has created a tenant's market with opportunities for proactive firms in the short term.
Co-ops and Condominiums
March 01, 2021
Sponsor Liable for Fraudulent Conveyance to Related Entities President of Unincorporated Condominium Association Not Entitled to Indemnification Legal Malpractice Claim Dismissed Use of Commercial Unit Did Not Violate Zoning Regulations or Condominium Bylaws
Can Landlords and Tenants Stipulate to Rent Regulation?
March 01, 2021
Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to "agree" in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.
NY Court Rewrites Rules On Liquidated Damages In Surrender Agreements
March 01, 2021
In a recent decision, the NY Court of Appeals handed down a decision with a new interpretation of the law of liquidated damages with regard to surrender agreements. Trustees of Columbia v. D'Agostino rewrites the rules of when a tenant simply gives up on the space.
Drawing the Line Between Real Property and Personal Property In the UCC
March 01, 2021
The back-and-forth is certainly confusing, but what is clear is that it can be unclear exactly where the line between real property and personal property should be drawn.
Law Firms Looking to Retail Space and Other Office Alternatives Post-Pandemic
March 01, 2021
The prospect of using retail space for law offices is the latest adaptation, in addition to innovations such as hoteling and other forms of shared workspace, that may define law firm offices in the future as the COVID-19 pandemic makes a permanent mark on how firms configure and run their offices.
Landlord & Tenant Law
February 01, 2021
Guaranty Did Not Extend Past Lease Term Holdover Rent Award Reduced Tenant Is Entitled to Yellowstone Injunction Despite Failure to Attempt to Cure

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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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