New York Law Journal | Expert Opinion
By Nativ Winiarsky | June 22, 2020
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.
New York Law Journal | Expert Opinion
By David Leffler and David Jacoby | June 19, 2020
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.
New York Law Journal | Expert Opinion
By Richard S. Fries | June 19, 2020
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.
New York Law Journal | Expert Opinion
By Adrienne B. Koch | June 19, 2020
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.
New York Law Journal | Expert Opinion
By Bruce A. Cholst and Devin W. Ness | June 19, 2020
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.
New York Law Journal | Expert Opinion
By Maxwell Breed and Lisa Liu | June 19, 2020
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.
New York Law Journal | Expert Opinion
By John Teufel | June 19, 2020
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.
New York Law Journal | Expert Opinion
By Elliot Pisem and David E. Kahen | June 17, 2020
n their Taxation column, David E. Kahen and Elliot Pisem discuss the allowability of a theft loss deduction in a particular year has often been challenged by the IRS, particularly on the grounds that the injured taxpayer had a "reasonable prospect of recovery" against the wrongdoer or someone else in the year of discovery.
New York Law Journal | Expert Opinion
By Jennifer Pastarnack | June 17, 2020
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.
New York Law Journal | Expert Opinion
By Scott E. Mollen | June 16, 2020
Scott E. Mollen, a partner at Herrick, Feinstein, discusses one land use case "Matter of McCrory v. Village Of Mamaroneck," and two landlord-tenant cases "Jones v. Ass'n for Rehabilitative Case Mgmt.," and "1560 GC LLC v. Dunbar."
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