New York Law Journal | Expert Opinion
By Ann E. Ryan and Adrienne B. Koch | June 8, 2021
In their new Commercial Leasing column, Ann Ryan and Adrienne Koch begin a three-part series discussing the state of commercial lease negotiations today as opposed to the pre-COVID days. This article's focus is on casualty provisions.
New York Law Journal | Expert Opinion
By Scott E. Mollen | June 1, 2021
Scott E. Mollen, a partner at Herrick, Feinstein, discusses two landlord-tenant cases: "SMG Auto. Holdings v. AAF Real Estate LLC," and "4401 Sunset Holdings LLC v. Mendez."
New York Law Journal | Expert Opinion
By Warren A. Estis and Alexander Lycoyannis | June 1, 2021
As New York proceeds slowly toward a semblance of pre-pandemic normalcy, the decision in 'A/R Retail LLC v Hugo Boss Retail' signals that the era of COVID-related defenses to commercial rent nonpayment may soon become a thing of the past.
New York Law Journal | Expert Opinion
By Scott E. Mollen | May 25, 2021
In his Realty Law Digest, Scott Mollen discusses two contract cases: "Thor Equities v. Factory Mutual Ins. Co." where a commercial landlord's action against its insurer for pandemic-related losses survived dismissal; and "98 Gates Ave. Corp. v. Bryan Jr." where the doctrine of caveat emptor barred plaintiff from maintaining an action for breach of contract and fraud.
New York Law Journal | Analysis
By John M. Lundin | May 25, 2021
This article addresses the challenging issue of LIBOR transition—that is, moving from LIBOR to another benchmark rate—for asset-backed securities such as residential mortgage-backed securities (RMBS).
New York Law Journal | Expert Opinion
By Anthony S. Guardino | May 25, 2021
The FCC orders limit the ability of municipalities to regulate "small cell" wireless facilities needed for fifth generation (5G) wireless networks, but there are significant areas where local authorities may – and should – act. In his Zoning and Land Use Planning column, Anthony Guardino reviews the Ninth Circuit's decision in ' City of Portland v. Federal Communications Commission,' and discusses how one Long Island municipality has amended provisions of its village code to address small cells.
By Andrew Denney | May 24, 2021
Prosecutors are probing the alleged frauds for possible criminal charges. But one attorney says quicker action by the DA could have spared further victims.
New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and David Broderick | May 18, 2021
In their Real Estate Financing column, Jeffrey Steiner and David Broderick discuss several topics that lenders should consider when making loans to mortgage borrowers that are indirectly funded using crowdfunded equity.
New York Law Journal | Commentary
By Adam M. Swanson and Jessie D. Bonaros | May 14, 2021
When viewed in its proper context, tolling prejudgment interest is contrary to the plain language of CPLR 5001(a), legislative intent and Court of Appeals precedent.
By Jane Wester | May 13, 2021
Real estate attorney Mitch Kossoff has been accused of stealing millions of dollars he was supposed to hold in escrow for clients and is the focus of an investigation by the Manhattan District Attorney's Office.
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