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Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

New York Real Estate Law Reporter Staff

Condemnation Upheld Because It Did Not Interfere With Prior Public Use

Features

Effect of Trump’s Tax Plan on Commercial Real Estate Image

Effect of Trump’s Tax Plan on Commercial Real Estate

Erik Sherman

Many industry leaders, analysts, and pundits have broadly considered how the Trump administration’s and GOP-majority Congress’ plans might affect commercial real estate. The Deloitte Center for Financial Services looked at six key parts of the Tax Cuts and Jobs Act, which is set to expire by the end of this year, and the likely implications on domestic and global CRE.

Features

Lease Analysis Gives Win for Commercial Landlord In Bankruptcy Case Image

Lease Analysis Gives Win for Commercial Landlord In Bankruptcy Case

Michael L. Cook

The Second Circuit ended a multi-year litigation by affirming a district court’s decision that a landlord’s appeal was “moot for lack of a remedy because, although [that] court [had properly] vacated the assignment and assumption of the lease …, the lease would not revert to [the landlord under Code] §365(d)(4), and that [the landlord] had no alternative remedy.”

Features

Real Property Sale Proceeds Must Be Used to Pay Unavoided Portion of IRS Tax Lien First Image

Real Property Sale Proceeds Must Be Used to Pay Unavoided Portion of IRS Tax Lien First

Andrew C. Kassner & Joseph N. Argentina Jr.

Given the downward pressure on commercial real estate valuations in many areas, and the increasing likelihood that owners of real property will cease paying real property taxes when there is no longer any equity, this article reports on a recent Ninth Circuit decision that reversed a decision of the bankruptcy court, affirmed by the district court, allocating the distribution of the proceeds of a sale of real property pro rata between the Internal Revenue Service on account of its tax lien, and the bankruptcy estate.

Features

Appellate Division First Department Declares Fee Mandate of Soho/Noho Rezoning Unconstitutional Image

Appellate Division First Department Declares Fee Mandate of Soho/Noho Rezoning Unconstitutional

Jack L. Lester & Lawrence K. Marks

This past December, the Appellate Division, First Department struck down a key provision of New York City’s recently amended Zoning Resolution.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Yellowstone Injunction Denied Because Failure to Procure Insurance Is an Incurable DefaultLandlord Bound By Agreement Setting Market Rent At Pandemic Levels

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

In Tax Foreclosure Proceeding, Condominium Board Entitled to Recover Only Those Common Charges Covered By Its LienProprietary Lease Gave Co-Op Authority to Mandate Removal of Whirlpool

Features

Franchisers: Watch Out for Fraud When Using a Franchise Broker Image

Franchisers: Watch Out for Fraud When Using a Franchise Broker

Ronald K. Gardner

Because franchise brokers have been historically free from making any type of disclosures about their pre-exiting relationship with the franchise companies they are marketing to the prospect, the prospect often feels that the broker is working for them, when in fact, the broker has a financial incentive to make a sale.

Features

Trump Looks to Sell Fed Offices to Private Sector While Demanding Full RTO Image

Trump Looks to Sell Fed Offices to Private Sector While Demanding Full RTO

Erik Sherman

The Trump administration wants to sell two-thirds of the government’s office stock to the private sector. The actions could have a significant impact on the DC property market. Many landlords depend on the government as an anchor tenant. If the space is suddenly cut loose, it could fall in value and leave owners without many options.

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Mortgagee’s Claim Time-BarredEasement By Prescription EstablishedHearing Necessary for License FeeQuestions of Fact About Right to Park Over Servient LandMonuments Take Priority Over Metes and Bounds Description

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