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Features

COVID-19 and Lease Negotiations: Tenant Security Image

COVID-19 and Lease Negotiations: Tenant Security

Ann E. Ryan & Adrienne B. Koch

The pandemic has highlighted vulnerabilities in two of the most popular forms of tenant security — guaranties and cash security deposits. This article examines the impact of the pandemic on each of those types of security and offers some suggestions for landlords going forward.

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Absent Express Language, Restrictive Covenant Does Not Run With the Land Mortgagee Not Entitled to Expungement of Satisfaction Junior Mortgagee Entitled to Rely on Erroneously Recorded Satisfaction of Senior Mortgage Easement Holders Entitled tTo Pave Easement to Improve Access Federal Government Not Liable for Erosion Damages Caused By Alleged Failure to Maintain Jetties Representations and Warranties Survive Closing

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

NYRE Staff

Disability Discrimination Claim Dismissed As Moot

Features

Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound Image

Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound

Jeffrey M. Gussoff & Adriana M. Peters

Flexibility, creativity, and other tips for commercial leasing as 2021 comes to a close.

Columns & Departments

Development Image

Development

NYRE Staff

Board of Appeals Made Inadequate Efforts to Accommodate Religious Use

Features

Commercial Real Estate Investors Looking for Next Value Play Image

Commercial Real Estate Investors Looking for Next Value Play

Erik Sherman

The rush to such sectors as industrial and multifamily has compressed cap rates, leaving many to reconsider how they measure value and leaning more toward internal rate of return.

Features

Appellate Division Upholds West Side Tower Image

Appellate Division Upholds West Side Tower

Stewart E. Sterk

In a dispute over West Side development, the First Department handed a victory to developers seeking to build a 39-story building on the block between West 65th and West 66th Street, and Columbus Avenue and Central Park West.

Features

Selective Reassessment of Only Commercial Properties Violates the Uniformity Clause Image

Selective Reassessment of Only Commercial Properties Violates the Uniformity Clause

Alan Nochumson & Clementa Amazan

The Commonwealth Court of Pennsylvania recently analyzed whether the City of Philadelphia's selective reassessment in tax year 2018 of only commercial properties at current market value violated the Uniformity Clause and the Assessment Law's requirement that the City assess all properties annually at actual market value.

Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Restrictive Covenant Enforceable Despite Permission By Successor Landowner Insufficient Evidence of Street Dedication Inadequate Notice to Mortgagee Voids Tax Sale Court Reinstates Malpractice Claim Against Lawyer Alleged to Have Solicited Transfer of Title of Residence In Foreclosure Notice of Pendency Provides Constructive Notice Servient Owner Not Entitled to Alter Easement Location Adverse Possession Defeats Co-Tenants' Partition Action

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.

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