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Features

7 Concerns for Commercial Real Estate Investors In a Volatile Market Image

7 Concerns for Commercial Real Estate Investors In a Volatile Market

Joseph J. Ori

It appears that the CRE industry is entering a period of high volatility with the Fed promising to raise interest rates, soaring inflation, the war in…

Features

How the SEC's ESG Disclosure Rules Might Effect Commercial Real Estate Image

How the SEC's ESG Disclosure Rules Might Effect Commercial Real Estate

Erik Sherman

After years of discussions and hints, the Securities and Exchange Commission (SEC) finally released its proposed environmental disclosure rule for public company reporting. Getting the information and making the determinations will be a challenge for any sized company that comes under the SEC's purview. But there are significant questions about who is responsible for gathering and reporting information from commercial real estate facilities.

Features

Second Circuit Reverses Course and Denies Article III Standing for Statutory Damage Claims Arising Out of Untimely Recording of Mortgage Discharges Image

Second Circuit Reverses Course and Denies Article III Standing for Statutory Damage Claims Arising Out of Untimely Recording of Mortgage Discharges

Jonathan Robbin

Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Landlord Not Entitled to Indemnification for Injuries Suffered on Adjacent Sidewalk Discovery Necessary to Determine Whether Rent Concession Was Equivalent of Preferential Rent Landlord Entitled to Exclude Rent Concession In Calculation of Regulated Rent Lessee Entitled to Cancel When Lessor Did Not Acquire Title By Acquisition Deadline Discounted Rent Was Legal Regulated Rent

Columns & Departments

Development Image

Development

ssalkin

Local Law Was Consistent With Comprehensive Plan Planning Board Lacked Authority to Waive Zoning Requirements

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Easement By Necessity Claim Raises Question of Fact Merger Doctrine Barred Breach of Contract Claim But Not General Business Law Claim Business Judgment Rule Did Not Bar Claim Against Homeowners Association Insufficient Necessity to Support Easement By Implication Claim

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

Finding of Blight Upheld

Features

Don't Forget to Read Those Condominium Documents Image

Don't Forget to Read Those Condominium Documents

Mark Morfopoulos

No matter how carefully you reviewed the lease, if you don't read the condominium documents you could be missing critical information relating to the unit and the building that is available only by reviewing the condominium documents.

Features

Second Circuit Narrows Borrower's Ability to Pursue Class Damages In Federal Court for Failure to Timely Record Mortgage Satisfactions Image

Second Circuit Narrows Borrower's Ability to Pursue Class Damages In Federal Court for Failure to Timely Record Mortgage Satisfactions

Jonathan Robbin

The decision in Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.

Features

Short-Term Leases Can Create Value Uncertainty Image

Short-Term Leases Can Create Value Uncertainty

Erik Sherman

When executives aren't sure what normal will look like in where employees work, they can't tell how much office space they need. While some sectors of commercial real estate are stable in terms of tenants, others are a question. That's leading to some pushing for shorter-term leases — ironically, both by tenants and some owners — as well as headaches for underwriting as the predictability of tenancy is up in the air.

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