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Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

Claimants Failed to Establish That Property Would Have Been Rezoned Increased Award Proper Where Prior Regulation Might Have Constituted a Taking

Columns & Departments

CRE Case Roundup Image

CRE Case Roundup

CLLS Staff

A compilation of commercial real estate rulings in courts across the country.

Features

Removing Restrictive Covenants Image

Removing Restrictive Covenants

Stewart E. Sterk

In Rockwell v. Despart, the Third Department recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Features

Commercial Lease Assumption Under Chapter 11 Bankruptcy Image

Commercial Lease Assumption Under Chapter 11 Bankruptcy

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.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

ssalkin

Adjustment for Condemnation Blight Overturned Current Use Constitutes Highest and Best Use

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Partner Had Authority to Sell Tenancy In Common Property Title Report Put Subsequent Lender on Inquiry Notice of Prior Mortgage Administrator Did Not Breach Covenant Against Grantor's Acts Co-Tenant Establishes Title By Adverse Possession

Features

Removing Restrictive Covenants In New York Image

Removing Restrictive Covenants In New York

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

Development Image

Development

NYRE Staff

Denial of Area Variance Upheld Enactment of Historic Preservation Law Did Not Require Hearings

Features

It May Not Be Too Late to Assume That Lease Image

It May Not Be Too Late to Assume That Lease

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

Use and Enforcement of SNDAs In the Hotel Industry Image

Use and Enforcement of SNDAs In the Hotel Industry

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.

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