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Columns & Departments
No Release of Escrow When Questions of Fact Remain About Breach Questions of Fact Remain About Delay In Enforcing Easements Merger Doctrine Bars Buyer's Breach of Contract Claim Partition Claim Premature Without Judicial Investigation Reciprocal Easement Requires Cost-Sharing Secretary of State Not Required to Adopt Inspection Regulations
Features
This article discusses the value of prepackaged bankruptcy as an alternative route for addressing commercial mortgage defaults in high tax jurisdictions.
Columns & Departments
Landlord Not Entitled To Lock Out Subtenant Landlord Did Not Release Tenant from Rent Obligation Allowable Rent Increases Permitted Luxury Decontrol
Features
In a 4-3 decision on June 13, the New Jersey Supreme Court reversed an Appellate Division opinion in a slip-and-fall case, concluding that all commercial landowners have a duty to maintain public sidewalks and are liable to pedestrians who are injured as a result of their negligent failure to do so.
Features
The Trepp Property Price Index (TPPI), which measures CRE price movements over time, is now generating sector-specific figures for multifamily, office, retail, industrial and lodging.
Columns & Departments
Sale of Unit Did Not Extinguish Liability for Common Charges
Features
Roughly 85% of U.S. law firms plan to change the size of their real estate portfolio over the next two years, with more than half expecting to add space and about a third planning to reduce it.
Features
In April, the U.S. Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies. The Court's decision may have an impact on fees New York municipalities impose on developers in lieu of developer-provided parkland.
Features
The Southern District of New York affirmed a bankruptcy court's holding that the statutory cap on a landlord's damage claim "applies to [its] claim against a [Chapter 11] debtor-guarantor."
Columns & Departments
Damage Limitation Does Not Require Dismissal of Buyer's Claim When Buyer Alleges Bad Faith Easement Not Extinguished By Adverse Possession Neighbor Required to Provide License for Construction Entitled to Full Indemnity Against Claims