Columns & Departments
Eminent Domain Law
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
A compilation of commercial real estate rulings in courts across the country.
Features

Removing Restrictive Covenants
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
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
Adjustment for Condemnation Blight Overturned Current Use Constitutes Highest and Best Use
Columns & Departments
Real Property Law
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
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
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
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
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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