Given the headwinds in the retail sector generally, investors in net lease retail portfolios may want to confirm that any master lease structures they utilize will be treated as unitary contracts by bankruptcy courts for purposes of assumption or rejection of the debtor/tenant’s obligations.
This article focuses on negotiating terms in a commercial real estate purchase and sale contract (the contract) regarding covenants between contract signing and closing, and focuses on negotiating the allocation of closing costs.
Misindexing of Deed Justifies Vacating Default By Former Owner In Action By Tax Sale PurchaserNuisance Claim Reinstated Against Neighbor Whose Ventilation Pipes Emitted Exhaust FumesPrivate Nuisance Claim Can Be Maintained Even When Number of Affected Owners Is Large
EV charging centers are likely to become a common fixture along heavily trafficked regional routes as more drivers opt for EVs. Municipalities, especially those along designated Alternative Fuel Corridors, would benefit from proactively updating their zoning ordinances to address this new type of facility.
Guarantor’s Counterclaims DismissedLandlord Cannot Bring Summary Possession Proceeding Against Estate Until Representative Has Been Appointed
Letter Agreement Between Landlord and Tenant Did Not Extinguish GuarantyTreble Damage Award Upheld; Landlord Failed to Establish Overcharge Was Not WillfulDenying Access to Landlord Constituted Breach Entitling Landlord to PossessionTenant Entitled to Yellowstone Injunction With Respect to Taxes and Sewer Charges
In the case of Hudson View Park Company v. Town of Fishkill, the New York Court of Appeals concluded that a Memorandum of Understanding (MOU) entered into between Plaintiff and the Fishkill Town Board in 2017, regarding the review of a certain zoning proposal, was not binding upon a Town Board subsequently elected in 2019.
The commercial real estate mortgage loan is in default. The defaults are material. Discussions have occurred among lender, borrower and their representatives. There’s been a forbearance agreement, or several. The loan has been “extended,” pretending time will be the panacea. “Extend and pretend” has failed. The lender has remedies. This article describes those remedies.
In the case of Hudson View Park Company v. Town of Fishkill, the New York Court of Appeals concluded that a Memorandum of Understanding entered into between the plaintiff and the Fishkill Town Board in 2017, regarding the review of a certain zoning proposal, was not binding upon a Town Board subsequently elected in 2019.
Homeowners Association Obtains Injunction Prohibiting Beach Use By Short-Term RentersContinuous Trespass Gives Rise to Successive Causes of ActionNo Constructive Trust In Absence of Confidential RelationshipEasement Not Established Over Abandoned Public RoadContract Vendee’s Wrongful Eviction Claim Raises Questions of Fact About AbandonmentReferee Had Discretion to Set Minimum Sale Price At Partition Sale
