Features
Stewart E. Sterk
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Columns & Departments
NYRE Staff
Denial of Area Variance Upheld
Enactment of Historic Preservation Law Did Not Require Hearings
Features
Paul A. Rubin
&
Hanh V. Huynh
Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.
Features
Todd E. Soloway
&
Bryan T. Mohler
This article examines the agreement — known as a Subordination, Non-Disturbance and Attornment Agreement (SNDA) — typically used by hotel lenders, owners and managers to set forth their respective rights upon a foreclosure, and consider disputes that may arise when a party seeks to enforce its SNDA rights.
Columns & Departments
NYRE Staff
Shareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach
Features
Paul Bergeron
Regulatory considerations and investor demand for transparency are increasingly important drivers behind Environmental, Social and Governance (ESG) disclosure and reporting frameworks, according to a report issued by The CRE Finance Council (CREFC) based on responses from its members.
Columns & Departments
NYRE STaff
Class Certification Appropriate for Claim of Improper Deregulation
Features
Lynn Pollack
Merger and acquisition activity across the CRE spectrum is likely to continue to be high, though deals will likely be concentrated across the industrial and residential sectors, according to Deloitte.
Features
Stewart E. Sterk
Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.
Columns & Departments
NYRE Staff
Questions of Fact Remain About Whether Landlord Had Released Corporate Tenant from Liability
Yellowstone Injunction Does Not Require Proof of Likelihood of Success
Guaranty Expired With Tenant's Initial Lease Term
Illegal Use Does Not Preclude Rent Stabilization Status
Guarantor Immunity Does Not Apply to Pre-COVID Breaches
Class Certification Appropriate for Claim of Improper Deregulation
