Columns & Departments
Real Property Law
Mutual Mistake About Ownership Does Not Defeat Cotenant’s Adverse Possession Claim; Servient Owner’s Laches Defense Reinstated In Easement Dispute; Constructive Notice Precludes Village’s Claim to Be Free of State’s Unrecorded Easement; Complaint Does Not Support Claim That Deed Was Forged
Features
Law Firm Leasing Boomed During Q1 of 2025
Law firm leasing boomed during the first quarter of 2025, with double the volume during the same period of 2024, and 68.8% of firms chose to stay in place, a significant increase from recent years.
Features
FDIC Report Tells Concerning Story for CRE
The latest quarterly report from the Federal Deposit Insurance Corporation underscores mounting pressure in the commercial real estate sector, signaling potential headwinds for the industry.
Columns & Departments
Co-ops and Condominiums
Co-Op Entitled to Withhold Consent to Sublet; Unit Owner Lacks Standing to Challenge Another Owner’s Parking Practices; Fair Housing Act Challenge Dismissed
Features
AI Emerging As Critical Tool for Commercial Real Estate
In the fast paced world of commercial real estate, AI is emerging as a critical tool to increase efficiency, reduce costs and provide new opportunities. The infusion of AI into the real estate industry has the potential to change how properties are valued, managed and marketed.
Features
How the Kasowitz Decision Puts Attorney Fee Provisions in Proprietary Leases on Shaky Ground
A bedrock of living in a New York City co-op has been the notion that a tenant/shareholder who breaches their proprietary lease or drags their building into expensive and protracted litigation will be responsible for reimbursing the co-op corporation for the expenses incurred as a result of the breach, including the corporation’s reasonable attorneys’ fees. However, a recent decision from the Appellate Division, First Department has thrown this well-established concept into flux.
Columns & Departments
Real Property Law
City Holds Easement to Property Sold At Tax ForeclosureNo Summary Judgment on Adverse Possession Claim Against Town Land Absent Proof That Town Established Property As a Public Street
Features
Indemnification Provisions In Hotel Management Agreements
This article discusses how hotel industry stakeholders attempt to address these competing concerns in hotel management agreements through indemnification language, how courts interpret these provisions, and considerations for hotel owners and managers when negotiating such provisions.
Features
Strategies for Buying Distressed Real Estate from a Receiver
Buying distressed real estate from a receiver presents unique opportunities and challenges. A court-appointed receiver manages and preserves assets for creditors, investors, or other stakeholders, typically in cases involving financial distress or mismanagement. Because of these circumstances, purchasing real estate from a receiver requires a strategic approach. Below are key considerations for successfully acquiring real estate in a receivership sale.
Features
Tax Assessment Often Minimizes Property Owners Costs of Getting and Retaining Tenants
The vast majority of commercial real property is valued for tax assessment purposes primarily based on the income approach to valuation. However, it is common to find that the assessor has entirely omitted or overly minimized the costs associated with getting the tenant in the first place.
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