Columns & Departments
Real Property Law
Quiet Title Action Subject to Statute of Limitations Foreclosure Sale Purchasers Not Subject to Claim By Former Owners Specific Performance Denied Because Buyer Did Not Establish That It Was Ready to Close
Features
It's a Tenant's Market: How to Negotiate and Navigate the Leasing Process
A hybrid workforce has meant that office and retail space is in plentiful supply. These high vacancy rates have caused landlord defaults to be on the rise, making it a tenant-friendly environment for leasing space and obtaining tenant-favorable lease terms. Here is a step-by-step tutorial on how to negotiate the best lease terms and navigate the leasing process while saving money on rent, tenant buildout and operating expenses.
Features
Notice of Pendency In Commercial Real Estate Transactions
Parties to real estate transactions may be tempted to conclude that a notice of pendency will be available in most instances to protect their rights if things go awry. But while the CPLR's description of actions in which a notice of pendency is permitted sounds both clear-cut and extremely broad, in practice it is neither of those things.
Features
Holding Water: Water Terms Used Within the Commercial Property Policy
Water issues are often confusing and involve multiple undefined terms such as plumbing, sewer, drain, overflow, or discharge. This article reviews how the terms are applied in the commercial property policy.
Features
Issues and Ramifications of Leasing to Cannabis Providers
The legalization of cannabis in New Jersey has created tremendous economic opportunities for commercial and industrial property owners. Aside from the potential financial benefits, property owners should approach this newer market in a cautious manner before embarking on leasing to cannabis retailers and/or growers given the multitude of issues and concerns surrounding the cannabis industry.
Features
Guaranty Law Invalidated
Consistent with the Second Circuit's opinion, the District Court in March 2023 found that the Guaranty Law, a pandemic law that was implemented to protect struggling commercial tenants and small businesses, lacked the requisite reasonability to overcome a Contract Clause challenge,
Columns & Departments
Development
Specific Performance Available for Breach of Contract to Convey Air Rights Challenge to Site Plan Approval Dismissed for Failure to Join a Necessary Party NYU's Challenge to Zoning Amendment Dismissed for Lack of Standing Town's Construction of Its Ordinance Was Irrational Condition on Special Permit Renewal Invalidated As Unreasonable
Columns & Departments
Landlord & Tenant Law
Tenant Violated the Lease By Changing Nature of the Restaurant Lease's Guaranty Clause Did Not Bind Tenant's Principal Yellowstone Injunction Denied Because Tenant Failed to Show It Was Willing and Able to Cure Defaults Loft Occupant Remains Protected By Loft Law
Columns & Departments
Real Property Law
Buyer Entitled to Return of Deposit Because Estoppel Certificates Were Inadequate City Had Authority to Extinguish Interest of Delinquent Taxpayers After Four Month Redemption Period Expires Survival Clause Includes No Expiration Date Easement Not Invalid for Fraud
Columns & Departments
Co-ops and Condominiums
Co-Op Purchaser Not Entitled to Cancel Contract Appointment of Receiver to Collect Rent Owed to Defaulting Commercial Unit Owner Upheld
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