Features
Sui Generis: Negotiate Like You Mean It
As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two of this series addresses various negotiation events, strategies, desired outcomes and potentially low key disasters.
Features
The Guaranty Law Continues to Divide Opinion
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.
Features
New York's Guaranty Law Continues to Divide Opinion
This article discusses the recent developments surrounding the constitutionality of New York's Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.
Columns & Departments
Development
ZBA's Abandonment of Its Prior Determination Invalid Denial of Area Variance Upheld Lease of Town Property Upheld; Property Not Subject to Public Trust East Side Rezoning Upheld Against SEQRA Challenge
Features
Don't Get Caught Holding a Conditional Loan Approval at Closing
With rising interest rates and more stringent lending standards for both residential and commercial properties, security deposit disputes caused by buyers' inability to satisfy pre-closing purchase-financing conditions are also increasing.
Features
New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213
In New York state and local court cases, there is a seldom-used procedural mechanism for obtaining an expedited money judgment against a guarantor. This article provides an overview of CPLR 3213 motions, an update on the resolution of the split that previously existed between the New York State Supreme Court, Appellate Division, First and Second Departments, and practical guidance for transactional counsel drafting commercial leases and guaranties.
Columns & Departments
Landlord & Tenant Law
Partial Constructive Eviction Defense Recognized Condition Precedent to Sub-Sublease Not Satisfied Guaranty Law Does Not Bar Liquidated Damages Claim Penalty for Improper Conversion of Residential Building Force Majeure Clause Reduces Pandemic-Era Rent
Columns & Departments
Real Property Law
Contract Language Does Not Bar Purchaser's Recovery of Prejudgment Interest
Features
Mixed-Use Is Sector Is the Post-Pandemic Choice for Commercial Real Estate Developers
The trinity at the core of traditional mixed-use projects — office, retail and residential — rapidly is evolving to bring a wide variety of project-specific uses to mixed-use development projects.
Columns & Departments
Co-ops and Condominiums
Housing Discrimination Claim Dismissed Co-Op Did Not Breach Shareholder's Guaranty Agreement Co-Op Not Exempt from Lead Paint Mandate
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