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Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

ZBA's Abandonment of Its Prior Determination Invalid Denial of Area Variance Upheld Lease of Town Property Upheld; Property Not Subject to Public Trust East Side Rezoning Upheld Against SEQRA Challenge

Features

Don't Get Caught Holding a Conditional Loan Approval at Closing Image

Don't Get Caught Holding a Conditional Loan Approval at Closing

Matthew Kramer

With rising interest rates and more stringent lending standards for both residential and commercial properties, security deposit disputes caused by buyers' inability to satisfy pre-closing purchase-financing conditions are also increasing.

Features

New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213 Image

New York's Seldom Used Expedited Money Judgment Mechanism: CPLR 3213

Massimo F. D'Angelo & Gregory Wong

In New York state and local court cases, there is a seldom-used procedural mechanism for obtaining an expedited money judgment against a guarantor. This article provides an overview of CPLR 3213 motions, an update on the resolution of the split that previously existed between the New York State Supreme Court, Appellate Division, First and Second Departments, and practical guidance for transactional counsel drafting commercial leases and guaranties.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Partial Constructive Eviction Defense Recognized Condition Precedent to Sub-Sublease Not Satisfied Guaranty Law Does Not Bar Liquidated Damages Claim Penalty for Improper Conversion of Residential Building Force Majeure Clause Reduces Pandemic-Era Rent

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Contract Language Does Not Bar Purchaser's Recovery of Prejudgment Interest

Features

Mixed-Use Is Sector Is the Post-Pandemic Choice for Commercial Real Estate Developers Image

Mixed-Use Is Sector Is the Post-Pandemic Choice for Commercial Real Estate Developers

Jack Rogers

The trinity at the core of traditional mixed-use projects — office, retail and residential — rapidly is evolving to bring a wide variety of project-specific uses to mixed-use development projects.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Housing Discrimination Claim Dismissed Co-Op Did Not Breach Shareholder's Guaranty Agreement Co-Op Not Exempt from Lead Paint Mandate

Features

Law Firm Offices Continued to Shrink In 2023, But Real Estate Costs Did Not Image

Law Firm Offices Continued to Shrink In 2023, But Real Estate Costs Did Not

Dan Roe

Despite the overall trend of downsizing, about 42% of the 80 Am Law 200 firms increased their real estate footprints in 2023. Proportionally, the downsizing was more aggressive than the footprint growth.

Features

Sui Generis: Draft Like You Mean It Image

Sui Generis: Draft Like You Mean It

Lydia Pilch

The automatic acceptance of various boilerplate clauses in commercial leases in the face of jurisprudential modernity and evolving legal approaches is dangerous. The evolutionary exploits of a commercial lease aren't done yet, nor should they be.

Features

NYC Guarantor Liability for Post-Window-Period Rent Image

NYC Guarantor Liability for Post-Window-Period Rent

Cheryl Ginsburg

In Tamar Equities Corp. v. Signature Barbershop 33 Inc., the Appellate Division analyzed whether the Guaranty Law bars recovery from a guarantor where a commercial tenant's default initially arose during the Guaranty Law's window period, but persisted after its expiration.

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