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Mediation of Commercial Lease Disputes: A Collaborative Approach to Resolving Disputes Image

Mediation of Commercial Lease Disputes: A Collaborative Approach to Resolving Disputes

Jeffrey A. Margolis

In the view of many experienced practitioners, arbitration has morphed into a time-consuming process, often as expensive as litigation and has other shortcomings such as the non-appealability of the arbitrator's decision. Not so mediation which may be a materially better form of ADR.

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Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Practical Location of Boundaries Doctrine Applicable Even When Deeded Boundaries Are Clear Restrictive Covenant Did Not Bar Above Ground Pool and Deck Questions of Fact Preclude Summary Judgment On Enforceability of Two-Year-Old Contract Adverse Possession Claim Fails for Failure to Prove Cultivation and Improvement

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Applying Merger By Deed Doctrine to Real Estate Transactions Image

Applying Merger By Deed Doctrine to Real Estate Transactions

Peter E. Fisch & Salvatore Gogliormella

Since a deed is a subsequent writing between the parties, there is some logic to the terms of the deed taking precedence over the terms of the prior contract of sale, at least as to the subject matter of the deed.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

New York Real Estate Law Reporter Staff

Public Purpose Finding Upheld

Features

Approving Attorney Opinion Letters In Lieu of Title Insurance Is Trending, But Use With Caution Image

Approving Attorney Opinion Letters In Lieu of Title Insurance Is Trending, But Use With Caution

Ahmad H. Mango

Despite being more affordable than title insurance, attorney opinion letters should be used with caution when replacing title insurance. The costs savings associated with this practice might not justify the additional risk associated with it.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Obligation to Construct Interior of Condominium Did Not Touch and Concern the Land, and Therefore Did Not Bind Successor Managing Agent Did Not Owe Fiduciary Duty to Unit Owner; Condo Board Protected By Business Judgment Rule No Preliminary Injunction In Acton to Abate a Noise Nuisance

Features

PA Court: Vacant Lot Valueless Without Zoning Variance Image

PA Court: Vacant Lot Valueless Without Zoning Variance

Alan Nochumson & Alex Goldberg

The Pennsylvania Commonwealth Court affirmed a decision by the city of Philadelphia's Zoning Board of Adjustment (ZBA) that a real estate developer's evidence established an unnecessary hardship because it proved that the property, a vacant lot that needed costly environmental remediation, was practically valueless without the granting of a variance under the Philadelphia Zoning Code.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Liquidated Damages Clause Might Constitute Unenforceable Penalty

Features

The Top Rated Bull and Bear CRE Markets Image

The Top Rated Bull and Bear CRE Markets

Erik Sherman

Trepp named its top choices for bull and bear CRE metro markets and did the same for the single most property type and metro combination, during July 2024. The firm is trying to identify what drives positive and negative investor sentiment.

Features

Warehouse Liability: Know Before You Stow! Image

Warehouse Liability: Know Before You Stow!

Michael Delaney

As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.

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