Adrienne B Koch

October 15, 2024 | New York Law Journal

This article is the last in a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. It discusses how care in drafting guarantees—a key feature of many real estate transactions—can help ensure the availability of the most efficient legal procedure for their enforcement.

By Adrienne B. Koch

8 minute read

August 19, 2024 | New York Law Journal

Not every order that can be appealed on an interlocutory basis "necessarily affects the final judgment." In practice, it can be difficult to tell what does and what does not—and the Court of Appeals has admitted that its jurisprudence on this issue "may not all be consistent."

By Adrienne B. Koch

8 minute read

July 09, 2024 | New York Law Journal

Adrienne Koch's third in her a four-part series that examines how litigation can shape the evolution of best practices in the real estate industry. This article focuses on circumstances in which contractual or contract-like liability can arise even in the absence of a written contract, and the importance of a drafting approach to avoid surprises.

By Adrienne B. Koch

6 minute read

May 07, 2024 | New York Law Journal

In this second article in her four-part series examining how litigation can shape the evolution of best practices in the real estate industry, Adrienne Koch discusses a common feature of many commercial lease transactions: the so-called "good guy guaranty."

By Adrienne B. Koch

7 minute read

February 20, 2024 | New York Law Journal

This four-part series will examine how litigation impacts various aspects of practice in the real estate industry. It will also explore how even well-informed parties (and their counsel) frequently trip up by not anticipating how New York's courts will apply the law in their situation. This first article in the series will discuss some of the hazards of statutes of limitations, which have an appearance of simplicity that can be deceptive.

By Adrienne B. Koch

7 minute read

December 19, 2023 | New York Law Journal

In this last article of her four-part series, Adrienne Koch discusses two types of provisions parties use to limit actual damages— waivers of consequential damages, and waivers of the right to seek money damages altogether.

By Adrienne B. Koch

6 minute read

August 08, 2023 | New York Law Journal

The New York City Bar Association's criticism of Carmen Beauchamp Ciparick as an independent monitor for the New York court system's efforts to combat racial bias in its venues could undermine public confidence in the process, the leaders of the Manhattan-based New York County Lawyers' Association write.

By Adrienne B. Koch and Richard P. Swanson

3 minute read

July 11, 2023 | New York Law Journal

A notice of pendency is a powerful tool. Parties to real estate transactions may be tempted to conclude that a notice of pendency will be available in most instances to protect their rights if things go awry. But while the CPLR's description of actions in which a notice of pendency is permitted sounds both clear-cut and extremely broad, in practice it is neither of those things.

By Adrienne B. Koch

8 minute read

May 02, 2023 | New York Law Journal

Although most are familiar with the well-established axiom that real estate is a unique asset, it does not necessarily follow that specific performance is generally available for breach of an agreement that involves real estate. This article—the second in a four-part series on remedies in real estate transactions—will discuss why, and will suggest some ways parties can achieve more certainty in this regard.

By Adrienne B. Koch and Neil S. Miller

6 minute read

February 28, 2023 | New York Law Journal

Real estate is a unique asset and therefore damages resulting from a breach of an agreement are often difficult to measure. As a result, parties need to give give careful thought to the remedies for a breach. In this four-part series, Adrienne Koch and Neil Miller will examine some of the remedies that should factor into that analysis, starting with liquidated damages.

By Adrienne B. Koch and Neil S. Miller

8 minute read