Real Estate

  • New York Law Journal | Analysis

    Congregations Transferring Real Estate: When Is Court Approval Needed?

    By Barry Black and Jonathan Robert Nelson | February 28, 2018

    In their Religion Law column, Barry Black and Jonathan Robert Nelson discuss RCL §12 which provides that a religious corporation may not sell or mortgage any of its real property, or lease any of its real property for a term greater than five years, without applying for and obtaining approval of a court or the attorney general. They advise that failure to keep in mind the requirements of RCL §12 can upset a transaction, even after it has seemingly been completed.

  • New York Law Journal

    New Deduction for Pass-Through Income: Good, But Not So Simple

    By Ezra Dyckman and Charles S. Nelson | February 27, 2018

    In their Taxation column, Ezra Dyckman and Charles S. Nelson discuss P.L. 115-97, commonly known as the Tax Cuts and Jobs Act, and specifically new Section 199A, which, although very favorable to real estate investors, is very complicated and there is uncertainty regarding key questions surrounding it.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | February 27, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses the landlord-tenant/nuisance case 'Strata Realty Corp. v. Pena,' where the tenant had a long history of making complaints and therefore a notice to cure was not required where it would have been "a futile act," and 'Matter of Save America's Clocks Inc. v. City of New York, ' where the appellate court ruled on the proposed conversion of an interior landmark into a private residence.

  • New York Law Journal | Analysis

    Some Clarity for Regulatory Takings

    By Jonathan Houghton | February 26, 2018

    In this Condemnation and Tax Certiorari column, Jonathan Houghton writes: The law of regulatory takings can be a difficult labyrinth for the uninitiated. However, the 'Baycrest' decision has created a clearer landscape.

  • New York Law Journal | Analysis

    The Tax Cuts and Jobs Act—How It Affects Real Estate (Part I)

    By Peter Fass | February 21, 2018

    Real Estate Securities columnist Peter Fass writes: On Dec. 22, 2017, President Donald Trump signed into law H.R.1, commonly referred to as the Tax Cuts and Jobs Act. This is the most sweeping change to the U.S. federal income tax laws since 1986. This and future articles will discuss the individual tax and business tax provisions that affect real estate investment and investors in real estate.

  • New York Law Journal | Exclusive

    Insurers File Article 78 Proceeding Against DFS Over New Title Regs

    By Josefa Velasquez | February 20, 2018

    Several title insurance companies are asking the state Supreme Court to strike down newly enacted regulations from the New York Department of Financial Services, arguing that the new rules will result in companies shuttering and layoffs.

  • New York Law Journal

    Realty Law Digest

    By Scott E. Mollen | February 20, 2018

    Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses the foreclosure case “Weiss v. Phillips,” where the court held that a mortgagee's interest was not voided because the mortgagors had acquired the property by fraud. 

  • New York Law Journal

    Negotiating RPAPL §881 License Agreements

    By Adam Leitman Bailey, John M. Desiderio, and Joanna Peck | February 20, 2018

    Adam Leitman Bailey John Desiderio and Joanna Peck discuss practical considerations for parties to consider when negotiating §881 licensing agreements, noting that although §881 was once described as a “little-used law” it is now required reading for all attorneys with developer clients seeking to build in New York City.

  • New York Law Journal | News

    NYC Housing Authority Under Fire Over Lead Paint, In and Out of Court

    By Andrew Denney | February 16, 2018

    As members of Gov. Andrew Cuomo's team engage in talks with New York City Council members about improving the city's public housing stock, the city is also fighting numerous legal battles with public housing residents suing over lead paint.

  • New York Law Journal | In Brief|News

    Cozen O'Connor Names New Managing Partner for Midtown New York Office

    By Lizzy McLellan | February 16, 2018

    With Cozen O'Connor since 2005, Schmidt previously was the 50-lawyer office's second in command and is vice chair of the labor and employment practice.

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