Case Notes

‘Best Efforts’ Clauses In Commercial Leases

By Gary M. Rosenberg, Alexander Lycoyannis and Michael A. Pensabene

Undefined terms of art such as “best efforts” are often utilized in commercial leases, but the interpretation of those terms and the enforceability of the clause, when left to the courts, will turn on how the lease is drafted.

The Impact of New York’s Greenhouse Gas Law

By Matthew Schneid

New York City's Local Law Number 97 was enacted to amend the New York City Charter and Administrative Code to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.

How to Strike a Deal In a Stagnant Net Lease Market

By Chad Kurz

Transactions have slowed in just about every category for commercial real estate and net lease is no exception. The reasons are myriad for that but let’s boil them down.

Can ChatGPT Take the Place of Real Estate Lawyers?

By Tony Alfonso

While we marvel at the myriad applications of ChatGPT, it’s important to note that this newly introduced tool has nuances which can create problems if misunderstood — especially when attempting to produce legal documents or legal advice in real estate transactions.

By Mark Foster

Tenants end up signing leases that offer little to no flexibility as their businesses expand and contract, setting the stage for economic and operational stress that could have been avoided with upfront planning and prudent lease negotiations.

By Marisa L. Byram

While the court will not have the opportunity to rule on the merits of the case, the facts relied upon by the Indiana Superior Court and the conclusions reached in rendering its decision are still instructive for practitioners drafting continuous-use provisions and advising clients on potential breaches or anticipatory breaches of such provisions.

By Stewart Sterk

What powers does the New York City Landmarks Preservation Commission have to require a building owner to maintain a mechanical clock located in the interior of a building? In Save America’s Clocks, Inc. v. City of New York, New York’s Appellate Division, First Department, held that the Commission had power to require maintenance of the clock, and to require public access to it.

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Case Notes

Discussion of a case in which a trial court sided with the property owner/defendant where the tenant sought to terminate the lease early, but could not because it was not in compliance with one of the requirements for early termination.

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Commercial Leasing Law & Strategy › December 2017 ›

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Case Notes

Discussion of a case in which a trial court sided with the property owner/defendant where the tenant sought to terminate the lease early, but could not because it was not in compliance with one of the requirements for early termination.

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Commercial Leasing Law & Strategy › December 2017 ›

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