By giving preference to the guaranty’s release conditions and interpreting “surrender” in the guaranty to mean tenant-side relinquishment of possession and control, the court confirms that guaranty discharge can be self-executing, without the need for any landlord acknowledgment which was required under the prior prevailing authority on the subject.
Survey Insufficient to Establish BoundaryAdverse Possession Claim Defeated for Failure to Establish Reasonable Basis for Belief of OwnershipServient Owner Prohibited from Locking Gate Over EasementShining Lights Over Neighboring Property Raises Questions of Fact About Nuisance ClaimPractical Location of Boundaries Doctrine AppliedWhen Court-Ordered License Expires, Licensor Is Entitled to Use and Occupancy
Some real estate projects may file a final sales tax return in October to report sales tax on rents related to September 2025 occupancy, the final month the sales tax on commercial leases was effective. However, there are three reasons why owners of commercial real estate projects may want to consider filing sales tax returns for three more years, even if they are merely “zero” returns.
Special Permit Denial OverturnedNo Property Right to Short-Term RentalsZBA Interpretation of Zoning Ordinance Upheld
Co-Op Board Not an Entity Amenable to Suit
With law firm leasing staying strong during the third quarter of 2025, the legal sector accounts for 10.5% of total U.S. office leasing for the first three quarters of the year, more than double the level in 2018, showing the strength of the legal leasing market, a new Savills Q3 report finds.
When a state court dismissed a landowner’s article 78 proceeding challenging a zoning determination, can the landowner then bring an action in federal court raising federal constitutional challenges to the same determination?
Since enactment of the Bankruptcy Code, certain types of claims continue to be vigorously litigated, perhaps because adjudication requires a fact-intensive analysis by the court. In the commercial real estate sector, such examples include landlord-tenant commercial real estate lease claims and the disposition of environmental cleanup claims under state and federal law.
Ejectment Action Requires Six Months’ Notice Even Though Tenancy Was Month-to-MonthLandlord Claims for Lease Violation Not Barred By Prior Holdover Proceeding In Civil CourtFailure to Submit Evidence That Landlord Served Notice Precludes Summary Judgment On Ejectment ClaimLandlord Failed to Establish That Overcharge Was Not WillfulTenant Adequately Alleged That Rent Concessions Were Preferential Rents
The circumstances attending each purchaser’s or seller’s failure to close on the Time Is of the Essence closing date is always unique, and this has resulted in an innumerable variety of judicial decisions applied to ever-changing real estate scenarios.
