Peter E Fisch

March 29, 2022 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella focus on Commercial Property Assessed Clean Energy (C-PACE) financing as they discuss the basics of a PACE loan, including what it is, how it works, where it comes from and who qualifies.

By Peter E. Fisch and Salvatore Gogliormella

10 minute read

November 16, 2021 | New York Law Journal

In sale-leaseback transactions involving a portfolio of properties, landlords often require that properties be grouped in master leases rather than several individual leases—despite the resulting loss of flexibility for both landlord and tenant—in order to protect against the risk that the tenant can "cherry pick" by rejecting leases for less desirable properties in a bankruptcy.

By Peter E. Fisch and Salvatore Gogliormella

11 minute read

May 11, 2021 | New York Law Journal

Over two-thirds of subway and commuter rail stations within New York City are not accessible to individuals with ambulatory disabilities or mobility limitations. In an effort to make these stations more accessible, the MTA and the Department of City Planning are currently proposing amendments to the Zoning Resolution. In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella discuss programs currently in place and the new accessibility-related initiatives being proposed.

By Peter E. Fisch and Salvatore Gogliormella

10 minute read

February 09, 2021 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella review ROFR challenges in New York which illustrate that courts honor the written intentions of the parties to a ROFR, but also uncovers that courts will fill gaps in drafting with certain default rules and will look for certain indicators of reasonableness.

By Peter E. Fisch and Salvatore Gogliormella

12 minute read

October 13, 2020 | New York Law Journal

The COVID-19 pandemic continues to place enormous stress on the commercial real estate industry, with an increasing number of commercial real estate loans facing borrower defaults. In their Transactional Real Estate column, Peter Fisch and Salvatore Gogliormella discuss the choices lenders in these default scenarios face.

By Peter E. Fisch and Salvatore Gogliormella

10 minute read

May 12, 2020 | New York Law Journal

After several weeks of restrictive measures implemented to mitigate the effects of the coronavirus pandemic, business owners are increasingly being required to make difficult decisions in the face of significant liquidity shortfalls. These decisions raise a number of legal issues.

By Peter E. Fisch and Salvatore Gogliormella

12 minute read

December 17, 2019 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Mitchell Berg write: The purpose behind rent reset clauses is simple—to capture any change in the fair market value (and fair market rental value) of the leased property. However, the application of rent reset clauses in practice is anything but simple, and the consequences of such clauses can be significant.

By Peter E. Fisch and Mitchell L. Berg

12 minute read

August 13, 2019 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss the use of the “crystallized carry structure” in real estate joint ventures.

By Peter E. Fisch and Mitchell L. Berg

10 minute read

May 07, 2019 | New York Law Journal

On April 5, 2019, the Treasury Priority Guidance Plan for 2019 announced that the Treasury would prioritize the issuance of final regulations concerning partnership recourse liabilities, including bottom dollar payment obligations. In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss the implications on real estate investors, including the “unlikely case” that final regulations are not issued.

By Peter E. Fisch and Mitchell L. Berg

12 minute read

October 16, 2018 | New York Law Journal

In their Transactional Real Estate column, Peter Fisch and Mitchell Berg discuss issues involved with modifying a loan secured by a mortgage such as obtaining an existing junior lienholder's consent, providing notice to future junior lienholders, and also title insurance considerations.

By Peter E. Fisch and Mitchell L. Berg

13 minute read