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Say it Ain't So! Tortious Interference with a Sublease By a Master Landlord Image

Say it Ain't So! Tortious Interference with a Sublease By a Master Landlord

Marisa L. Byram & Tyler V. Friederich 

A South Carolina appellate court recently affirmed a trial court's decision that a landlord had tortiously interfered with a sublease by terminating the master lease after a fire damaged the subject building and such landlord was liable to the subtenant for punitive damages.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Exclusion for Zoning Regulations Bars Title Insurance Claim Transfer of Residential Properties Not a Fraudulent Transfer Property Owner on Constructive Notice of City's Relocation Lien Fraudulent Transfer Finding Upheld

Features

Second Circuit Expands Federal Class Actions for Mortgagors Image

Second Circuit Expands Federal Class Actions for Mortgagors

By Jonathan Robbin

The Second Circuit recently held that a bare violation of mortgage satisfaction recording statutes without a demonstration of actual injury conferred federal jurisdiction, meaning that a mortgagor now has the ability to bring a class action in federal court. Thus, statutes designed to be merely remedial in nature can now be used punitively against lenders and servicers.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

NYRE Staff

Summary Judgment Premature on Discrimination Claim Defect In Recording Insufficient to Defeat Mortgage Priority

Features

Legal Issues of Leasing to Cannabis Businesses Image

Legal Issues of Leasing to Cannabis Businesses

Warren A. Estis & Alexander Lycoyannis

New cannabis businesses will need to lease commercial space in order to operate — and undoubtedly, many real estate owners are eager to meet this new demand. However, owners and prospective cannabis businesses have many legal issues and questions to consider before entering into lease agreements.

Columns & Departments

Development Image

Development

NYRE Staff

Zoning Amendment Did Not Lapse

Features

Force Majeure Clauses In Construction Contracts In the Aftermath of COVID-19 Image

Force Majeure Clauses In Construction Contracts In the Aftermath of COVID-19

Jeffery R. Mullen & Fred Warren Jacoby

We are only beginning to scratch the surface of the effect on the construction litigation visited on us by COVID-19-related impacts. However, the pandemic and its continuing impact has reinforced the importance of planning for the unexpected — and undefined — when negotiating construction contracts.

Features

Hoteling Here to Stay As Law Firms Return to the Office Image

Hoteling Here to Stay As Law Firms Return to the Office

Anthony Davies

For the Big 4 consultancies, hoteling has been a positive operational construct for over a decade, or in some cases longer. The success of the decentralized law firm depends in some part on how well firms can shift "hoteling" from the negative connotation of "losing my desk" to the positive connotation of "having a hotel-like experience."

Features

Fear of Unknown In Force Majeure Litigation Prompting Settlements Image

Fear of Unknown In Force Majeure Litigation Prompting Settlements

Charles Toutant

Since the pandemic began, lawyers have been using the coronavirus to justify nonpayment of rent, construction delays and even termination of labor contracts. But the prospect of litigating a contract cancellation based on force majeure is still so fraught with peril that many breach-of-contract disputes end in an amicable resolution.

Features

Legislature Modifies HSTPA to Assist Co-ops Image

Legislature Modifies HSTPA to Assist Co-ops

Jeffrey Schwartz & Mark Hakim

In June, New York's lawmakers approved amendments to the Housing Stability and Tenant Protection Act, exempting cooperative corporations from some of the most onerous provisions, and clarifying others. Once signed, the new legislation will not only be a huge victory for the thousands of cooperative apartment buildings but also for many potential purchasers who were unable to purchase in those buildings as a result of the Act.

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