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Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

NYRE Staff

Finding of Blight Upheld

Features

Don't Forget to Read Those Condominium Documents Image

Don't Forget to Read Those Condominium Documents

Mark Morfopoulos

No matter how carefully you reviewed the lease, if you don't read the condominium documents you could be missing critical information relating to the unit and the building that is available only by reviewing the condominium documents.

Features

Second Circuit Narrows Borrower's Ability to Pursue Class Damages In Federal Court for Failure to Timely Record Mortgage Satisfactions Image

Second Circuit Narrows Borrower's Ability to Pursue Class Damages In Federal Court for Failure to Timely Record Mortgage Satisfactions

Jonathan Robbin

The decision in Maddox v. Bank of N.Y. Mellon Trust certainly affords safeguards to lenders and mortgagees in that Maddox now narrows a borrower's ability to pursue class damages in federal court for lenders and services for failure to timely record mortgage satisfactions.

Features

Short-Term Leases Can Create Value Uncertainty Image

Short-Term Leases Can Create Value Uncertainty

Erik Sherman

When executives aren't sure what normal will look like in where employees work, they can't tell how much office space they need. While some sectors of commercial real estate are stable in terms of tenants, others are a question. That's leading to some pushing for shorter-term leases — ironically, both by tenants and some owners — as well as headaches for underwriting as the predictability of tenancy is up in the air.

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

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