Patricia Kane

June 23, 2020 | New York Law Journal

Due to a 2017 change to I.R.C. section 1031, some taxpayers will now owe tax with respect to exchanged personal property. In their Real Estate Financing Column, Ezra Dyckman and Aaron Gaynor discuss how new proposed regulations and other parts of the 2017 changes to the tax law mitigate the consequences to exchanging taxpayers.

By Ezra Dyckman and Aaron S. Gaynor

6 minute read

June 23, 2020 | New York Law Journal

In anticipation of expected COVID-19-related fraud and other investigations, it is critical for counsel to know how best to respond to subpoenas and other information requests from local and state entities.

By Lesley Brovner and Mark Peters

5 minute read

June 22, 2020 | New York Law Journal

Less than a year after the HSTPA was enacted into law, the real estate world was shaken again by an "earthquake of a decision," Regina Metro. Co. v. New York State Div. of Hous. & Community Renewal, which, among other things, found that the retroactive application of Part F of HSTPA was unconstitutional on due process grounds.

By Nativ Winiarsky

11 minute read

June 19, 2020 | New York Law Journal

Current circumstances present an opportunity for tenants to use new strategies to renegotiate or even terminate leases. This article takes a look at conventional legal strategies that may provide grounds for lease termination before turning to consider another, third, approach.

By David Leffler and David Jacoby

9 minute read

June 19, 2020 | New York Law Journal

The distressed real estate loan workout is a business deal filled with mutual compromise that right-sizes the asset and resets the loan obligations and the parties' expectations. Any lender making material economic concessions has bargained for, and should acquire the type of legal enhancements discussed here.

By Richard S. Fries

13 minute read

June 19, 2020 | New York Law Journal

In litigation over a commercial tenant's rent obligations where a Yellowstone injunction is involved, much will depend upon the nature of the underlying dispute—and, in particular, the reasons why the tenant is not paying. Case law shows why.

By Adrienne B. Koch

8 minute read

June 19, 2020 | New York Law Journal

Lawsuits from co-op and condominium unit owners opposing their boards' conduct have become commonplace. The legal battles often entail costly and protracted litigation over contested factual issues and can plunge a the community into civil war. Fortunately, boards in New York have a little known but widely effective alternative for defending their conduct while averting communal fratricide.

By Bruce A. Cholst and Devin W. Ness

9 minute read

June 19, 2020 | New York Law Journal

Last fall, New York City strengthened existing protections for small business tenants from perceived landlord "harassment." These protections, largely without parallel in this country, have recently been judicially applied and interpreted for the first time, discussed here.

By Maxwell Breed and Lisa Liu

6 minute read

June 19, 2020 | New York Law Journal

With the state slowly reopening, the legal community must confront the complications that have arisen from the shutdown. As family law attorneys review their cases and consider what comes next, this article discusses questions the courts, lawyers, and perhaps legislators will need to answer in the months to come.

By John Teufel

7 minute read

June 17, 2020 | New York Law Journal

Distressed credit funds that invest in bank loans and trade claims should acknowledge lessons from the past financial crisis of 2008. While new problems require new solutions, distressed credit funds can arm themselves in the interim with lessons from the past.

By Jennifer Pastarnack

7 minute read