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Features
The Court of Appeals reversed a line of lower court cases which had upended the expectations of innumerable contracting parties who bargained for limited “good guy” guaranties.
Features
Part One of a Two-Part ArticleToday’s commercial real estate market is in distress and has been, across a variety of asset classes, for several years. The reasons are well known. The options for the loan in distress are somewhat well known. They are becoming less mysterious day by day. These more traditional options will be described in the first installment of this article below.
Columns & Departments
Neighbor Lacks Standing to Challenge Approval of Tax Incentives
Features
A New York City court ruled that landlords don’t have a process under the Real Property Actions and Proceedings Law to serve certain commercial tenants with the 14-day rent demands needed to begin repossessing a property.
Columns & Departments
Constructive Eviction Defense Precludes Summary Judgment on Ejectment Claim
Features
Law firm leasing activity slowed in the third quarter of 2025, but boosted by continuing activity in non-major markets, year-to-date leasing in the sector was up 12% when compared with the same period in 2024, a signal that 2025 may come in as “one of the strongest years ever,” a new Cushman & Wakefield report finds.
Columns & Departments
Questions of Fact Preclude Summary Judgment Claim on Liability for Decomposition of Slab Over Garage UnitBreach of Fiduciary Duty Claim for Failure to Investigate Violations
Columns & Departments
Retroactive Application of FAPA Does Not Violate State Constitution; Retroactive Application of FAPA Does Not Violation Contracts Clause; No Questions of Fact Preclude Summary Judgment on Claim for Partition and Sale; Interest of Heirs Extinguished By Adverse Possession; Sister’s Adverse Possession Claim Against Brother Dismissed
Features
A timely and properly drafted “pre-negotiation agreement” should ensure that all discussions or draft agreements exchanged between the parties are neither enforceable prior to final execution of a settlement agreement nor admissible in any court proceeding.
Features
In 2019, the Uniform Partition of Heirs Property Act/RPAPL §993 (the UPHPA) reshaped the rights of co-owners of inherited property in New York, replacing the traditional, sale-favoring partition system with a multi-layered process designed to limit the right to seek partition and to prioritize family ownership. The Second Department’s sweeping decision confirms that the partition landscape has drastically changed.
