Columns & Departments
Real Property Law
Equitable Mortgage Enjoys Priority over Mortgage Recorded After Filing of Notice of Pendency Purchaser from Church Not Entitled to Specific Performance Questions of Fact Preclude Summary Judgment on Prescriptive Easement Claims Hearing Necessary to Determine Whether Mortgagee De-Accelerated Mortgage
Columns & Departments
Landlord & Tenant Law
Loft Board Lacks Authority to Supervise Legalization Once Tenants Withdraw Application Tenant Entitled to Relief from Failure to Timely Exercise Renewal Option
Columns & Departments
Development
Neighbor Has Standing to Seek Damages for Violation of Zoning Ordinance
Features
What a Difference 3 Months Can Make
The coronavirus has brokers guessing as to how this will affect leasing in the short term, and a report says leasing activity is likely to have a degree of decline in transaction volumes compared to pre-crisis expectations
Features
Coronavirus 'Brutal' for Real Estate Transactions as Lenders Hit Brakes on Financing
Much like other everyday activities, real estate transactions are coming to a halt because lenders are holding back over the coronavirus pandemic.
Features
Force Majeure and the Doctrine of Impossibility
The COVID-19 pandemic is resulting in landlords and tenants closely reviewing a clause in their lease that was long considered unimportant boilerplate. Yes, we are referring to the "force majeure" provision.
Features
Neighbor Standing to Challenge SEQRA Determinations
When does an immediately adjacent neighbor have standing to challenge a SEQRA determination? In Matter of Sun-Brite Car Wash, Inc. v. Board of Zoning and Appeals, the Court of Appeals made it clear that adjacent neighbors have presumptive standing to challenge zoning determinations.
Features
Assignment and Consent Standards in Commercial Leases
Assignment provisions in commercial leases are heavily negotiated and very important to both landlords and tenants. This article presents a brief overview of the assignment provision in commercial leases, both office and retail.
Columns & Departments
Landlord & Tenant Law
Lifetime Leasehold Interest Does Not Exempt Apartment from Rent Stabilization Exculpatory Clause Bars Tenant's Claim for Lost Profits Resulting from Landlord's Negligence Landlord's Reliance on Representations of Prior Owners Does Not Preclude Finding That Overcharge Was Willful, Resulting In Treble Damages Tenant's Failure to Pay Rent and Other Charges Forfeits Tenant's Right to Renew Questions of Fact Remain About Tenants Liability for Holdover Charges Tenant's Proposed Withdrawal of Application for Loft Board Coverage Void As Against Public Policy
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