Features
Commercial Real Estate Loan Workouts and Right-Sizing
Part One of a Two-Part ArticleToday’s commercial real estate market is in distress and has been, across a variety of asset classes, for several years. The reasons are well known. The options for the loan in distress are somewhat well known. They are becoming less mysterious day by day. These more traditional options will be described in the first installment of this article below.
Columns & Departments
Development
Neighbor Lacks Standing to Challenge Approval of Tax Incentives
Features
NYC Landlords Can’t Serve Commercial Tenants Using ‘More Relaxed Service Methods,’ Court Rules
A New York City court ruled that landlords don’t have a process under the Real Property Actions and Proceedings Law to serve certain commercial tenants with the 14-day rent demands needed to begin repossessing a property.
Columns & Departments
Landlord & Tenant Law
Constructive Eviction Defense Precludes Summary Judgment on Ejectment Claim
Features
Despite Slowing In Q3, 2025 Is On Track to Be One of the ‘Strongest Years Ever’ for Law Firm Leasing
Law firm leasing activity slowed in the third quarter of 2025, but boosted by continuing activity in non-major markets, year-to-date leasing in the sector was up 12% when compared with the same period in 2024, a signal that 2025 may come in as “one of the strongest years ever,” a new Cushman & Wakefield report finds.
Columns & Departments
Co-ops and Condominiums
Questions of Fact Preclude Summary Judgment Claim on Liability for Decomposition of Slab Over Garage UnitBreach of Fiduciary Duty Claim for Failure to Investigate Violations
Columns & Departments
Real Property Law
Retroactive Application of FAPA Does Not Violate State Constitution; Retroactive Application of FAPA Does Not Violation Contracts Clause; No Questions of Fact Preclude Summary Judgment on Claim for Partition and Sale; Interest of Heirs Extinguished By Adverse Possession; Sister’s Adverse Possession Claim Against Brother Dismissed
Features
Pre-Negotiation Agreements Can Protect Lender’s Interests In Commercial Real Estate Loan
A timely and properly drafted “pre-negotiation agreement” should ensure that all discussions or draft agreements exchanged between the parties are neither enforceable prior to final execution of a settlement agreement nor admissible in any court proceeding.
Features
The Uniform Partition of Heirs Property Act After 'Laurelton'
In 2019, the Uniform Partition of Heirs Property Act/RPAPL §993 (the UPHPA) reshaped the rights of co-owners of inherited property in New York, replacing the traditional, sale-favoring partition system with a multi-layered process designed to limit the right to seek partition and to prioritize family ownership. The Second Department’s sweeping decision confirms that the partition landscape has drastically changed.
Features
The Emerging Regulatory Landscape of AI In the Hospitality Industry
This article surveys the emerging regulatory and legal AI landscape and consider steps the hospitality industry stakeholders can take to safeguard against potential exposure as they consider adopting AI tools to drive improved performance.
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