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Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Strict Liability for Excavation Damage Easement Was Non-Exclusive Purchaser's Claims Barred By Merger Doctrine, Caveat Emptor Purchaser's Claim Based on Inoperative Elevator Dismissed In the Absence of Active Concealment Deed Forgery Claim Survives Motion to Dismiss

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Wrongful Eviction Claim Raises Questions of Fact Yellowstone Injunction Cure Period

Features

Syndicated Commercial Real Estate Loan Transactions In Today's Market Image

Syndicated Commercial Real Estate Loan Transactions In Today's Market

Richard S. Fries & Darby K. Brown

Larger commercial real estate mortgage loans are often originated by a group or "syndicate" of lending institutions that each contribute a portion of the overall loan proceeds and share the benefits and risks. This article describes several significant features of a "syndicated" real estate loan that are not commonly known or understood.

Features

Buyout Provisions In Commercial Lease Litigation Image

Buyout Provisions In Commercial Lease Litigation

Adrienne B. Koch

Litigation frequently involves an attempt by one party to enforce the terms of the buyout provision through specific performance. But that remedy may be less readily available than the parties might assume. This article explores the reasons why, and suggests some drafting considerations.

Features

Arizona Appeals Court Joins Other States In Holding COVID-19 Shutdowns Not an Excuse for Missed Rent Payments Image

Arizona Appeals Court Joins Other States In Holding COVID-19 Shutdowns Not an Excuse for Missed Rent Payments

Riley Brennan

The court affirmed a lower court's decision granting the landlords' motion for summary judgment, after determining the applicable force majeure provisions and common law doctrines the tenants relied on didn't excuse payment obligations.

Features

What Hybrid Work Looks Like In a CRE Firm Image

What Hybrid Work Looks Like In a CRE Firm

Erik Sherman

When it comes to commercial real estate companies and hybrid work, there are those that swear one way or the other, and probably a lot more scratching their heads, trying to understand what will work best.

Features

Revision to the Definition of 'Waters of the United States' Image

Revision to the Definition of 'Waters of the United States'

Steven M. Silverberg

In April of 2020, the EPA and the Department of the Army began the process of revising the definition of the term Waters of the United States (WOTUS). After the new administration took office in 2021, a new final rule was recently published. The changes are scheduled to take effect this year. The definition is significant for a multitude of land uses, as it places limitations on activities that may be conducted within and adjacent to such waters or, in some instances, requires the issuance of permits before certain activities may be conducted.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

ssalkin

HSTPA Does Not Violate Taking or Due Process Clauses Landlord Liable for Bite By Tenant's Dog Tenant Not Liable As Holdover Absent Offer and Acceptance of Rent Payments Issues of Fact Preclude Summary Judgment on Habitability Claim

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Injunctive Relief Denied In Action to Enforce Restrictive Covenant Neighbor Lacked Standing to Enforce Restrictive Covenant Easement Holder Entitled to Preliminary Injunction Disposition to Husband and Wife Creates Tenancy By the Entirety Tax Sale Notice Satisfied Statutory and Constitutional Requirements

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

Condemnation Exceeded Agency's Authority

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