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Given that landlord damage claims could overwhelm other creditor claims in a tenant's bankruptcy case, the Bankruptcy Code includes a provision that limits a landlord's claim, which presents challenges for landlords as creditors in bankruptcy cases.
Columns & Departments
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval Applicant Entitled to Permit For Small Wireless Facilities
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Due diligence for CRE loans involves a comprehensive review and analysis of the various conditions and risks associated with the property being mortgaged, with the goal of mitigating such risks to the greatest possible extent before closing the loan.
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Occupation of Premises Does Not Establish Assignment By Operation of Law Amendment to Rent Stabilization Law Is Not Unconstitutional
Columns & Departments
Summary Judgment Denied On Prescriptive Easement Claim Summary Judgment Denied On Breach of Contract Claim Contract Condition Was For Benefit of Both Parties Statute of Limitations Did Not Bar Claim of Permanent Physical Encroachment
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Attacks on building systems could easily be deemed within the scope of the rule and real estate owners who lease to covered entities would likely have to quickly report cyber incidents within 72 hours and payments made after a ransomware attack within 24 hours.
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As further follow-up regarding tracking of the lifecycle of a commercial lease, Part Two of this series addresses various negotiation events, strategies, desired outcomes and potentially low key disasters.
Features
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.
Features
This article discusses the recent developments surrounding the constitutionality of New York's Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.
Columns & Departments
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