Real Estate

  • Daily Business Review | Analysis

    Surfside Condo Tragedy: What You Need to Know About Real Estate, Litigation, Insurance and More

    By ALM Staff | June 30, 2021

    As rescue teams work around the clock to search for survivors, it's still early days in what's likely to be years of investigations, hard lessons and litigation. Here's everything you need to know about the legal, real estate and insurance implications of this tragedy.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | June 29, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: "Mall 1-Bay Plaza v. Bronx Vistasite Eyecare," where temporary closures under executive orders did not constitute a taking of tenant's business, and "Bronx Park Phase II Preserv v. V.C." where the court granted tenant's motion to hold a holdover eviction proceeding via virtual trial.

  • New York Law Journal | Expert Opinion

    Co-op and Condo Owners' Right To Inspect: An Update

    By Adam Leitman Bailey and John M. Desiderio | June 29, 2021

    Adam Leitman Bailey and John Desiderio revisit their 2016 article"Court Clarifies Condo Owners' Right to Inspect," giving a broader overview—in light of the pandemic—of the development of the right of shareholders and condominium owners to inspect the corporate records of their respective governing entities.

  • New York Law Journal | Analysis

    Bringing Old Judgments Back to Life

    By Adam Browser | June 29, 2021

    The precipitous rise in the value of real estate in the metropolitan area over the last year may bring value and utility to an otherwise long forgotten judgment. To take advantage of this opportunity, a savvy lawyer must know how to bring an old judgment back to life.

  • New York Law Journal | News

    Second Circuit Partly Revives Lawsuit Challenging NYC Third-Party Property Transfers

    By Jane Wester | June 23, 2021

    Attorneys from Ropes & Gray, White & Case and Valli Kane & Vagnini represent the plaintiffs, who lost their properties as a result of the program.

  • New York Law Journal | Analysis

    Understanding the Mortgage Recording Tax Credit Deadline Suspension

    By Erica F. Buckley | June 23, 2021

    Now that the state of disaster emergency is coming to an end, real estate professionals must make sense of some of the more nuanced relief provided for under Governor Cuomo's orders, keeping in mind the overall intent of the orders—to provide for assistance in coping with the unprecedented COVID-19 pandemic. In this edition of her Ask the Former Regulator column, Erica F. Buckley explains the mortgage recording tax credit and the governor's executive order suspending its deadline.

  • New York Law Journal | Expert Opinion

    Realty Law Digest

    By Scott E. Mollen | June 22, 2021

    Scott E. Mollen, a partner at Herrick, Feinstein, discusses the contracts case "E. Upreal LLC v. Rogers Equities LLC," where discovery was needed to resolve issues, and "GSKP LLC v. Lee" where the landlord failed to show that the tenant's bird feeding constituted a nuisance.

  • New York Law Journal | Expert Opinion

    Help Is On the Way: New York Enacts Pass-Through Entity Tax

    By Ezra Dyckman and Charles S. Nelson | June 22, 2021

    In their Real Estate financing column, Ezra Dyckman and Charles Nelson discuss New York's new pass-through entity tax regime which can provide a significant federal tax benefit to businesses owned through pass-through entities, such as real estate and other closely held businesses, however taxpayers need to be aware of several uncertainties and complexities regarding the application of the new law.

  • New York Law Journal | Analysis

    Real Estate Law

    By Angela Turturro | June 21, 2021

    In this Special Report: "Does It Pay To Be a NYC Landlord Anymore?," "The Post-Pandemic World of Office," "Key Legal Considerations in Obtaining and Defending Against 'Yellowstone' Injunctions," "Can Commercial Tenants Really Avoid Rent During the Pandemic Using the Frustration-of-Purpose Doctrine?" and "Ending Some State- and City-Level Opportunity Zone Tax Benefits in New York."

  • New York Law Journal

    Can Commercial Tenants Really Avoid Rent During the Pandemic Using the Frustration-of-Purpose Doctrine?

    By Joshua Wurtzel | June 18, 2021

    Recent decisions and the use of the frustration-of-purpose doctrine to absolve commercial tenants of their obligation to pay rent could signal headwinds for the New York commercial real-estate market—and the economy more generally

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