November 09, 2011 | New York Law Journal
Construction Lenders: Keep Your Priorities Straight!In their Construction Loans column, Todd E. Soloway, a partner at Pryor Cashman, and Luisa K. Hagemeier, of counsel to the firm, write that, under the heading, "desperate times call for creative measures," rather than commencing a foreclosure action, taking a number and then taking a loss somewhere far down the road, increasing numbers of construction lenders are attempting to salvage value by modifying the terms of their loans to developers.
By Todd E. Soloway and Luisa K. Hagemeier
15 minute read
December 19, 2012 | New York Law Journal
'Roberts': Issues Yet to Be Decided, Part IIIn their Real Estate Litigation column, Todd E. Soloway, a partner at Pryor Cashman, and Luisa K. Hagemeier, of counsel to the firm, write that 'Roberts v. Tishman Speyer Props.' has settled, but not without creating multitudinous hard questions and far-reaching consequences for New York landlords, tenants and courts.
By Todd E. Soloway and Luisa K. Hagemeier
14 minute read
August 21, 2013 | New York Law Journal
Branded Residences and the Owner's Right of TerminationIn their Real Estate Transactions column, Todd E. Soloway, Joshua D. Bernstein and Jared D. Newman of Pryor Cashman, write that, while branded residences may provide significant economic benefits to hotel developers, the branding of those residences could create complications for owners and hotel operators when the brands are removed following termination of a hotel management agreement.
By Todd E. Soloway, Joshua D. Bernstein and Jared D. Newman
14 minute read
January 09, 2013 | New York Law Journal
Payments Made in Error: The Voluntary Payment DoctrineIn their Real Estate Litigation column, Todd E. Soloway and Eric D. Sherman, partners at Pryor Cashman, write that although arguably harsh in its consequences, the voluntary payment doctrine provides a measure of finality to payment, thereby motivating aggrieved parties to timely exercise their rights in seeking restitution.
By Todd E. Soloway and Eric D. Sherman
10 minute read
April 18, 2012 | New York Law Journal
The Termination of Hotel Management AgreementsIn their Real Estate Contracts column, Todd E. Soloway and Joshua D. Bernstein, partners at Pryor Cashman, write that, given the structure of most hotel management agreements, unless a hotel management company has a present ownership interest in the hotel, courts routinely reject attempts to enjoin the termination of the management agreement.
By Todd E. Soloway and Joshua D. Bernstein
14 minute read
April 17, 2013 | New York Law Journal
The Termination of Hotel Management Agreements: Part IIIn their Real Estate Litigation column, Todd E. Soloway and Joshua D. Bernstein, partners at Pryor Cashman, write that, given the dearth of case law addressing the operating agreement statute, hotel operating companies have succeeded, thus far, in creating a chilling effect on owners' termination of hotel management agreements that incorporate Maryland law.
By Todd E. Soloway and Joshua D. Bernstein
16 minute read
January 11, 2012 | New York Law Journal
Applying ILSA to Sales of Condominium UnitsTodd E. Soloway and Luisa K. Hagemeier of Pryor Cashman argue that condominium developers and attorneys who represent them should not necessarily accede to what the authors believe to be the mistaken overextension of the Interstate Land Sales Full Disclosure Act to the already highly-regulated field of condominium development.
By Todd E. Soloway and Luisa K. Hagemeier
19 minute read
August 29, 2012 | New York Law Journal
Post-'Roberts': How Issues 'Yet to Be Decided' Were DecidedIn their Real Estate Litigation column, Todd E. Soloway and Luisa K. Hagemeier of Pryor Cashman discuss the First Department's holdings on the retroactivity of the rule the Court of Appeals declared in 'Roberts v. Tishman Speyer Properties,' the application of the statute of limitations on claims brought in its aftermath, and the collateral estoppel effect of administrative orders and stipulations preceding 'Roberts.'
By Todd E. Soloway and Luisa K. Hagemeier
16 minute read
August 17, 2011 | New York Law Journal
Applications to Appoint Temporary ReceiversTodd E. Soloway, a partner at Pryor Cashman, and Luisa K. Hagemeier, of counsel to the firm, write: The distrust occasioned by a mortgagor's default understandably moves a foreclosing secured lender to seek the appointment of a temporary receiver. However, many lenders mistakenly believe that an application for the appointment of a receiver in a foreclosure context is a fait accompli. In reality, the mere fact that a default exists will not alone be sufficient to obtain the appointment of a temporary receiver.
By Todd E. Soloway and Luisa K. Hagemeier
12 minute read