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Commercial Lease Assumption Under Chapter 11 Bankruptcy Image

Commercial Lease Assumption Under Chapter 11 Bankruptcy

Paul A. Rubin & Hanh V. Huynh

Given the potentially harsh consequence of failing to timely assume a vital lease, a Chapter 11 debtor must be vigilant to avoid a forfeiture. It is important to know, however, that all might not be lost even if the debtor misses this deadline.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

ssalkin

Adjustment for Condemnation Blight Overturned Current Use Constitutes Highest and Best Use

Columns & Departments

Real Property Law Image

Real Property Law

NYRE Staff

Partner Had Authority to Sell Tenancy In Common Property Title Report Put Subsequent Lender on Inquiry Notice of Prior Mortgage Administrator Did Not Breach Covenant Against Grantor's Acts Co-Tenant Establishes Title By Adverse Possession

Features

Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear Image

Supreme Court Finds 2017 Bankruptcy Fee Increases Unconstitutional But Leaves Remedy Unclear

Theresa A. Driscoll

The Supreme Court concluded that because the 2017 amendments exempted debtors located in two States, it was not "uniform" as it did not apply equally to all debtors regardless of where they were situated and, therefore, the statute was unconstitutional.

Features

Waiver of Corporate Privilege By An Individual Defendant Image

Waiver of Corporate Privilege By An Individual Defendant

Benjamin Rosenberg

Individual employees often act pursuant to advice from their in-house counsel. If named as a defendant in which her action is challenged, the employee may want to assert advice of corporate counsel as a defense. But the privilege belongs to the employer, not the employee, and the employer may refuse to waive the privilege. Can the court abrogate the employer's privilege over the objection of the employer, and if so under what circumstances?

Features

Removing Restrictive Covenants In New York Image

Removing Restrictive Covenants In New York

Stewart E. Sterk

In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?

Features

2d Cir. Rules for Baron Cohen In Dismissal of Judge Moore's Defamation Case Image

2d Cir. Rules for Baron Cohen In Dismissal of Judge Moore's Defamation Case

Jane Wester

Following up on an article in the July issue of Entertainment Law & Finance that detailed some of the arguments made before the U.S. Court of Appeals for the Second Circuit in Roy Moore's defamation suit against Sacha Baron Cohen, the court has issued its ruling.

Columns & Departments

Development Image

Development

NYRE Staff

Denial of Area Variance Upheld Enactment of Historic Preservation Law Did Not Require Hearings

Features

Use and Enforcement of SNDAs In the Hotel Industry Image

Use and Enforcement of SNDAs In the Hotel Industry

Todd E. Soloway & Bryan T. Mohler

This article examines the agreement — known as a Subordination, Non-Disturbance and Attornment Agreement (SNDA) — typically used by hotel lenders, owners and managers to set forth their respective rights upon a foreclosure, and consider disputes that may arise when a party seeks to enforce its SNDA rights.

Columns & Departments

Fresh Filings Image

Fresh Filings

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

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