Real Estate

  • New York Law Journal | Analysis|Expert Opinion

    Is There Sufficient “Public Purpose” to Take Property For Trump's Wall?

    By Michael D. Zarin and David J. Cooper | March 12, 2019

    In this Eminent Domain column, Michael Zarin and David Cooper write: "Should President Trump attempt to condemn private property in furtherance of the proposed wall, it will undoubtingly require the courts to revisit the question of when does the government's use of its eminent domain authority violate the “pretext” admonition" in "Kelo v. City of New London."

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | March 12, 2019

    A discussion of “NRP Holdings LLC v. City of Buffalo,” “Sam & Joseph Sasson v. Guy,” and “Vale Partners LLC v. Partlow.”

  • New York Law Journal

    Cushman & Wakefield Loses $1.3M Jury-Verdict Appeal in Age Bias Case

    By Erin Mulvaney | March 11, 2019

    The real estate giant denied any secret motivation to replace the 63-year-old software engineer with a younger employee.

  • New York Law Journal | Analysis

    Sexual Harassment: 2018 Legislation and a Sneak Preview of 2019

    By Eva Talel | March 5, 2019

    In her Cooperatives and Condominiums column, Eva Talel writes: Curbing sexual harassment in the workplace will continue to receive considerable attention from NYS and NYC legislators, and boards and managers should be prepared to expect, monitor and comply with legislation and regulations which will certainly be forthcoming in 2019 and likely beyond.

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | March 5, 2019

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Matter of Sanitation Garage v. Brooklyn District 3 & 3A;” “Bedik Corp. v Herrick Rd. Holdings,” and “58 Elizabeth NY LCC v. Ho Wou Bake Shoppe.”

  • New York Law Journal | Analysis

    Evicting Corporate Tenants

    By Warren Estis and Jeffrey Turkel | March 5, 2019

    Over the years, a rule has evolved as to when a corporate tenant can be evicted based on non-primary residence. In their Rent Regulation column, Warren Estis and Jeffrey Turkel examine the rule, as well as more recent corporate tenancy case law.

  • New York Law Journal | Analysis

    Cross-Examining an Appraiser With a Prior Appraisal

    By Michael Rikon | March 4, 2019

    In his Condemnation and Tax Certiorari column, Michael Rikon writes: It can be shown that prior appraisals must be maintained by the appraiser. And once that appraiser has testified, any conditional immunity a prior report had disappeared. An appraiser can be substantially impeached by the prior appraisal.

  • New York Law Journal | Analysis

    'Grossing Up' and 'Seller Concessions': Advice for Sponsors

    By Erica F. Buckley | March 1, 2019

    In her Ask the Former Regulator column, Erica F. Buckley addresses what is legal under the Martin Act with regard to “seller concessions” (credit given to the purchasers at closing which is often applied to closing costs, repairs or other expenses) and “grossing up” (when the seller increases the sales price in an amount equivalent to the amount of the seller's concession).

  • New York Law Journal | Analysis

    Realty Law Digest

    By Scott E. Mollen | February 26, 2019

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses "U.S. v. New York City Housing Authority," where a consent decree reforming NYCHA was rejected by the court and held to be not fair, reasonable or in the public interest; and “Hoffman v. Village of Larchmont,” where the Village was denied dismissal of its tortious interference with contract claim.

  • New York Law Journal | Analysis

    Anything But Simple Interest: Proposed Regulations Under §163(j)

    By Ezra Dyckman and Charles S. Nelson | February 26, 2019

    In their Taxation column, Ezra Dyckman and Charles Nelson discuss the proposed Treasury Department regulations implementing Section 163(j) of the Internal Revenue Code which was amended to place a limit on business interest deductions.

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