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Features

NY Appellate Courts Defer to Board of Standards In Zoning Cases Image

NY Appellate Courts Defer to Board of Standards In Zoning Cases

ssalkin

A recent case in New York's First Department highlights the extreme deference appellate courts accord Board of Standards and Appeals (BSA) determinations interpreting the extraordinarily complex zoning scheme.

Columns & Departments

Development Image

Development

ssalkin

Planning Board Took Requisite Hard Look Under SEQRA Denial of Special Use Permit Upheld

Features

COVID-19 and Lease Negotiations: Casualty Provisions Image

COVID-19 and Lease Negotiations: Casualty Provisions

Ann E. Ryan & Adrienne B. Koch

First in series of articles that will examine specific aspects of the COVID shift in which commercial lease negotiations are seeking protection against unlikely events. Part 1 focuses on casualty provisions.

Columns & Departments

Eminent Domain Image

Eminent Domain

ssalkin

Condemnation Invalid for Failure to Establish Public Purpose

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

ssalkin

Yellowstone Injunction Denied for Failure to Move on Time

Features

While Economy Recovers, Commercial Real Estate May Be Due for a Correction Image

While Economy Recovers, Commercial Real Estate May Be Due for a Correction

Beau Jones

Before investors get too carried away by the news of recovery in commercial real estate, they should pause to ask themselves, "what are we recovering from?"

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Residential Owners Have Claim for Inadequate Quality of Hotel Unit

Features

Migrating Businesses Help Grow South Florida CRE Market Despite, and Because of, the Pandemic Image

Migrating Businesses Help Grow South Florida CRE Market Despite, and Because of, the Pandemic

Melea VanOstrand

The South Florida office market has seen a shift due to COVID, with some downsizing and modifications of office buildings, but the influx of new potential tenants has helped mitigate any potential downsides other markets may have seen.

Features

Federal Class Action Available for Delay In Recording Mortgage Satisfaction Image

Federal Class Action Available for Delay In Recording Mortgage Satisfaction

By Jonathan Robbin

Because the Second Circuit held that a bare violation of New York's Mortgage-Satisfaction-Recording Statutes without a demonstration of actual injury conferred federal jurisdiction, a mortgagor now has the ability to bring a class action in federal court.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Tenant Did Not Establish Fraud to Warrant Application of DHCR's Default Formula Four-Year Lookback Rule Applied to Rent Determinations But Not to Determination of Rent-Stabilized Status Tenant's Impossibility and Frustration of Purpose Defenses Rejected Tenant's Frustration of Purpose Claim Survives Neutral Appraiser Entitled to Examine Previous Appraisals

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