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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.

Features

Frustration-of-Purpose Use In Commercial Leases During the Pandemic Image

Frustration-of-Purpose Use In Commercial Leases During the Pandemic

Joshua Wurtzel

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 Image

Real Property Law

NYRE Staff

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? Image

Will Delta Variant of COVID-19 Impact Commercial Real Estate Recovery?

Erik Sherman

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 Image

Development

NYRE Staff

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 Image

Strategies for Creating Value In Today's CRE Market

Joseph J. Ori

A look at some value-added strategies a commercial real estate owner/manager must adopt to create value in this tough environment.

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