Features

COVID-19 and Lease Negotiations: Tenant Security
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
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
Disability Discrimination Claim Dismissed As Moot
Features

Real Estate Acquisition Volume on Fast Track, But Leases Slower to Rebound
Flexibility, creativity, and other tips for commercial leasing as 2021 comes to a close.
Columns & Departments
Development
Board of Appeals Made Inadequate Efforts to Accommodate Religious Use
Features

Commercial Real Estate Investors Looking for Next Value Play
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
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
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
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
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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