Features
Frustration-of-Purpose Use In Commercial Leases During the Pandemic
The use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the commercial real estate market — and the economy more generally.
Columns & Departments
Real Property Law
License to Enter Neighbor's Property Reversed Partnership Lacked Authority to Convey Property Questions of Fact About Whether Easement Extinguished By Adverse Possession Purchaser Acquired Deed By False Pretenses Broker Failed to Establish Agreement to Pay Commission
Features
Will Delta Variant of COVID-19 Impact Commercial Real Estate Recovery?
The new Delta variant of COVID-19 is speeding across the country, raising the question of whether the assumptions earlier this year of an economic rebound — some even predicted a super bounce — were premature.
Columns & Departments
Development
ZBA Did Not Have to Act Unanimously Activist Not Entitled to Nullification of Cover Letter Community Board Included With Its Recommendations DOB's Approval of Homeless Shelter Upheld Area Variance Upheld
Features
Strategies for Creating Value In Today's CRE Market
A look at some value-added strategies a commercial real estate owner/manager must adopt to create value in this tough environment.
Columns & Departments
Landlord & Tenant Law
Rent Act of 2015 Did Not Re-Regulate Deregulated Apartments Tenant Waiver of Claims for Lost Profits Upheld Landlord Not Liable for Tenant on Tenant Harassment
Columns & Departments
Co-ops and Condominiums
Bylaw Provision Authorized Award of Fees Against Unit Owner
Features
American Rescue Plan Act Provides Pandemic Relief for Struggling Businesses
As the U.S. economy continues to recover from the pandemic, the American Rescue Plan Act may help many businesses endure and overcome the historic challenges they have faced. While there is still uncertainty as to its impact on our economy, the Act nonetheless is a significant piece of federal legislation.
Features
Landlord Not Liable for Harassment by Fellow Tenants
In Francis v. Kings Park Manor, Inc., the Second Circuit upheld dismissal of tenant's claims against a landlord who failed to take action against a harassing tenant. The court's holding did not give landlords a free pass, but it did establish that to survive dismissal, a harassed tenant's complaint will have to include more than bare-bones allegations of intentional discrimination.
Columns & Departments
Real Property Law
Easement By Prescription and Easement By Estoppel Claims Entitle Owner to Preliminary Injunction Right of First Refusal Valid Under Rule Against Perpetuities Easement Holder Not Liable for Trespass Mortgagor Entitled to Cancellation When Mortgagee's Beneficiaries Ratified Transaction
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