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Features

Common Issues In Commercial Property Bankruptcies Image

Common Issues In Commercial Property Bankruptcies

Robert K. Scheinbaum & Philip W. Allogramento III

As the commercial real estate market undergoes seismic shifts, companies may find themselves in situations where their tenant or their landlord has filed for bankruptcy protection. Questions then quickly arise, such as if and how a landlord may evict a bankrupt tenant, whether a bankrupt tenant may remain as a lessee and continue to occupy the premises, and how to measure damages for a landlord in this situation, both before bankruptcy and going forward post-petition.

Features

Damage Mitigation Under the HSTPA Image

Damage Mitigation Under the HSTPA

Stewart E. Sterk

When the NY state legislature enacted the Housing Stability and Tenant Protection Act of 2019 (HSTPA), much of the statute's focus was on increased protection for rent regulated tenants. But the statute also includes a number of significant provisions that apply to market rate tenants.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Questions of Fact About Whether Deed Conveyed to Centerline of Abutting Road Deed Created Easement, Not Fee Questions of Fact About Meaning of Restrictive Covenant Adverse Possession By 99-Year Lessee Equitable Lien Claim Fails Agreement Released Trespass and Nuisance Claims Against Neighbor Easement Not Abandoned

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

No Quorum At Shareholders' Meeting Nuisance and Fraudulent Conveyance Claims Restored

Columns & Departments

Development Image

Development

NYRE Staff

Landowner Lacked Standing to Challenge Zoning Amendment Sierra Club Lacks Standing to Challenge Zoning Amendment

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

DHCR Had Rational Basis for MCI Determination Guarantor's Letter Did Not Revoke Guaranty

Features

Strategies and Drafting Techniques for Loan Workouts and Enforcement In 2022 Image

Strategies and Drafting Techniques for Loan Workouts and Enforcement In 2022

Richard S. Fries

A series of strategies and drafting techniques relevant to commercial real estate loan workouts and enforcement. This article isn't a "how-to" primer on loan enforcement or restructuring the distressed loan, it identifies some of the current solutions and insights that have been observed, implemented and proposed during this pandemic-impacted workout cycle.

Features

Why Commercial Insurance Prices Are Rising Image

Why Commercial Insurance Prices Are Rising

Ted Knutson

Commercial insurance prices are rising as increased costs from climate change, the supply chain crisis and inflation take hold, Westchester, a commercial property, and casualty insurance underwriter, said in a new report.

Features

Tenth Circuit: Government COVID Closure Orders Do Not Trigger Coverage for Loss of Business Income Image

Tenth Circuit: Government COVID Closure Orders Do Not Trigger Coverage for Loss of Business Income

Stephen Masciocchi & Tina Van Bockern

In a recent case, the Tenth Circuit joined other circuits in holding that government closure orders due to the COVID-19 pandemic do not trigger insurance coverage for loss of business income, reasoning that the temporary inability to use property caused by COVID shutdown orders doesn't involve a covered physical loss of property.

Features

Law Firms Looking to Balance Decreasing Office Space With Increasing Head Count In 2022 Image

Law Firms Looking to Balance Decreasing Office Space With Increasing Head Count In 2022

Justin Henry

Streamlining office space corresponds with industry-wide trends of law firms embarking on two seemingly paradoxical goals: decreasing their office space while aggressively growing head count.

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