Second Circuit Affirms Federal Abstention from Action Contesting Validity of Ban On Income-Source Discrimination
February 01, 2026New York Real Estate Law Reporter Staff
NJDEP Revises Rule On Reporting Hazardous Substance Discharge to Require Property Owner Notification
Under the re-proposed rule, any person who discovers a discharge of a hazardous substance during all appropriate inquiry must notify the record owner of the property where the discharge is discovered. This requirement to inform the record owner of the property applies to any person conducting all appropriate inquiry. Once the record owner is informed of the presence of the discharge, the owner has a legal obligation under the Spill Act to report the discharge to NJDEP and to initiate remediation of the contamination.
February 01, 2026Debra Rosen and Daniel Farino and Charles DennenThis two-part series examines several options for the commercial real estate loan in distress. The first installment provided a primer on the traditional, more commonplace options available to the parties. This final installment identifies and examines a more creative approach, one which right-sizes the loan and the underlying real estate and resets value for today’s market.
February 01, 2026Richard S. FriesChurch Entitled to Tax Exemption Because Town Did Not Prove Use Was a Violation of Zoning OrdinanceDetermination In Partition Action Precludes Adverse Possession ClaimQuestions of Fact About Confidential Relationship Precludes Summary Judgment On Constructive Trust ClaimEasement Rights Clarified
February 01, 2026New York Real Estate Law Reporter StaffThe NY Court of Appeals’ decision in Seneca Meadows reinforces the principle that standing to challenge SEQRA compliance is not uniform for all challengers. Courts will assess affected property owners’ standing to bring SEQRA claims differently from how they assess neighboring owners or other groups.
February 01, 2026John C. ArmentanoClaim That Town Violated SEQRA ReinstatedGrant of Area Variance UpheldOrdinance Violates Free Exercise Clause
February 01, 2026New York Real Estate Law Reporter StaffData from Q4 2025 showed a dip in total law firm leasing as compared to Q4 2024. However, the broader figures indicate that the legal market is taking a large portion of New York’s total office market.
February 01, 2026Ryan HarroffClaims By Unit Owners Not Barred By “As Is” Clause In Purchase Agreement
February 01, 2026New York Real Estate Law Reporter StaffThe Court of Appeals reversed a line of lower court cases which had upended the expectations of innumerable contracting parties who bargained for limited “good guy” guaranties.
January 01, 2026Thomas C. Lambert and Steven ShackmanPart 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.
January 01, 2026Richard S. Fries
