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Real Property Law
Statute of Limitations Did Not Bar Foreclosure Action Nuisance Claim Arising Out of Environmental Remediation Not Barred By Statute of Limitations Mortgage Contingency Clause Did Not Give Buyer Right to Cancel Mortgagor Did Not Prove Damages Arising Out of RESPA Violation Questions of Fact Preclude Summary Judgment on Whether Adverse Possession Extinguished Easement
Features
Recent Investigation, Prosecution and Legislation Regarding Fraudulent Deeds
New York City is seeing an upsurge of deed theft. Attorneys, architects, title companies, real estate brokers, agents, contractors, developers and construction managers need to be alert to this potential issue when blocks of properties are assembled for development in these neighborhoods.
Features
Unfolding Trends That Will Dominate the Next Year
For all intents, 2019 has been good for commercial real estate. 2020, at least for the first half, promises much of the same. That is not to say that the CRE environment will be stagnant; as always there will be changes. Some of these will be subtle while others may well be more ground shaking — and likely due to outside circumstances.
Features
Adding Value, Reducing Risk: Peer Review for Construction Projects
In the aftermath of recent construction disasters leading to catastrophic failures and loss of life, the concept of peer review has taken on an entirely new significance. A comprehensive plan and specification peer review is an effective risk management strategy for ensuring quality construction.
Features
How Retailers Are Pushing the Boundaries
Entertainment and experience has become the cornerstone of retail survival in the wake of increasing online shopping. Now, top brands are starting to incorporate entertainment experiences into select markets to bush the boundaries of the traditional retail structure.
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Case Notes
Landlord's Oral Request for Use and Occupancy in Commercial Non-Payment Proceeding Denied Landlord Sought to Pierce the Corporate Veil to Recover Unpaid Rent
Features
Assignments and Collateral Assignments of Commercial Leases
What Tenants and Landlords Should Know There are differences between assignments of leases and collateral assignments of leases, and each has aspects that parties to these agreements should expect and look out for. Let's discuss some of these issues.
Features
Why Community Groups Can Never Win Against Developers
The 'Dreikausesn' Paradox, Other Hurdles, and Suggestions for Change Under current New York law, even the most meritorious legal challenge to property development faces insurmountable barriers once construction starts, because absent the most egregious wrongdoing, the courts will not order demolition of completed buildings, and current law makes it virtually impossible to obtain a preliminary injunction to halt construction.
Columns & Departments
Case Notes
It's Not the Money Spent, It's the Level of Conformance
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