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  • Commercial Rent Control in New York: Back Again?

    February 01, 2019 |

    As retail vacancies have multiplied in New York City in recent years, some in the City Council have advocated for the reconsideration of commercial rent control, as set out in a proposed piece of legislation, the Small Business Jobs Survival Act This article provides a brief, nontechnical review of the bill and the legal and practical hurdles it faces if enacted.

  • Common-Area Risk Abatement: Who is Responsible?

    February 01, 2019 |

    When customers, employees and others invited to or simply passing by a leased commercial property are injured, and want compensation, who will be on the hook for the costs of bodily injury and property damage — the landlord, the tenant, the maintenance and security contractor hired by them, or some combination of these?

  • The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses

    February 01, 2019 |

    Part Two of a Two-Part Article

    As addressed in the first part of this article last month, addressing the problems confronting golf course owners seeking financial restructuring under Chapter 11, the ability of a debtor to reject a restrictive covenant under Section 365 or to sell free and clear of a covenant under Section 363(f) is limited and the obstacles are difficult to surmount.

  • Case Notes

    January 01, 2019 |

    Without Contractual Consent to Inspection, Lack of Protest Doesn't Excuse Landlord's Trespass
    Resulting Trust Found Where Commercial Property Held in Just One Partner's Name

  • The Bankruptcy Code's Inherent Limitations for Struggling Golf Courses

    January 01, 2019 |

    Part One of a Two-Part Article

    This article describes conflicts with zoning boards and neighbors as it relates to distressed golf course properties and the methods sometimes available in the bankruptcy realm for working around the problem of restrictive covenants that run with the land.

  • The Gold Rush of NJ Cannabis Leasing: Avoiding a Few Traps for the Unwary

    December 01, 2018 |

    In this ever-evolving space, where 30 states have permitted medical cannabis and nine states have permitted adult-use cannabis, there are many issues that come into play in a lease tailored to cannabis dispensing or grow facilities. This article sensitizes the reader to the notion that these types of leases are not “business as usual,” and that they have their own nuances.

  • Case Notes

    December 01, 2018 |

    Two Lawsuits, No Collateral Estoppel
    No Meeting of the Minds in Forged Lease