The court reasoned that the landlord's affidavit, together with the exhibits established prima facie proof that the tenant had been illegally using the premises and had acquiesced thereto.
October 01, 2024Scott Mollen
A recent Pennsylvania Superior Court opinion held that a commercial tenant was evicted from the leased premises rather than abandoning it and that, accordingly, the landlord could only recover damages for unpaid rent through the date when the landlord recovered possession of the leased premises, denying the landlord's claim for additional rent for the remainder of the lease term.
October 01, 2024Alan Nochumson and Alex HamiltonAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.
October 01, 2024Kevin M. Levy and Krystal R. Bordoni-CowleyLatham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
October 01, 2024Sulaiman Abdur-RahmanThe LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
October 01, 2024LJN Staff and ContributorsDefining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
September 01, 2024Lydia PilchThe ruling from New York's highest state court, although straightforward on its face, has important implications for both long-existing settlement agreements and when considering drafting future agreements settling disputes in the context of the Rent Stabilization Law.
September 01, 2024Ethan R. CohenThe recent U.S. Supreme Court ruling in Sheetz v. County of El Dorado will cause many local governments to revisit the defensibility of their impact fee regimes.
September 01, 2024Mark GraftonCity Took Hard Look At Environmental Factors Without Requiring Environmental Impact Statement On Impact of Climate Change Area Variance Grant Upheld for Construction of Fence Landowner Did Not Establish Pre-Existing Nonconforming Use
September 01, 2024New York Real Estate Law Reporter StaffIn the view of many experienced practitioners, arbitration has morphed into a time-consuming process, often as expensive as litigation and has other shortcomings such as the non-appealability of the arbitrator's decision. Not so mediation which may be a materially better form of ADR.
September 01, 2024Jeffrey A. Margolis
