Olshan Frome Wolosky LLP
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New York Real Estate Journal recently published an article authored by Olshan Frome Wolosky LLP Real Estate partner Thomas D. Kearns and Litigation counsel Joseph Weiner entitled, “Guaranty Law Held Unconstitutional.” The article discusses Melendez v. City of New York, in which the U.S. District Court, Southern District of New York declared unconstitutional N.Y.C. Admin. Code § 22-1005, a COVID-era law enacted in May 2020 that rendered personal guaranties for certain kinds of commercial leases unenforceable if the tenant’s default occurred between March 7, 2020 and June 30, 2021. After the SDNY initially granted New York City’s motion to dismiss, the Second Circuit reversed and sent the case back to the SDNY, believing certain features of the law to be problematic under the Contract Clause. “In particular,” the authors explain, “the Second Circuit noted that the law (i) is not temporary, but permanently extinguishes the covered obligations, (ii) is not conditioned on whether the tenant had to shut down its business, or whether the business will reopen, (iii) allocates the expense to a discrete group (landlords), (iv) is not conditioned on need, and (v) does not compensate landlords for their losses.” Following remand, the SDNY granted the plaintiffs’ motion and declared the law unconstitutional. “We expect the city to appeal the SDNY ruling,” the authors note. They conclude that, “Although the federal court’s decision is not binding on state courts, it is ‘useful and persuasive authority.’"#GuarantyLaw #SDNY #COVID19 #Litigation #RealEstateLawhttps://lnkd.in/ex-Xp7ag
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Olshan Frome Wolosky LLP
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Thomas Kearns PublishesTop 2023 Legal Developments Affecting New York’s CRE Industry in NYREJ olshanlaw.comNew York Real Estate Journal published an article on January 30 authored by Co-Chair of Olshan Frome Wolosky LLP’s Real Estate Law practice Thomas D. Kearns entitled “Top 2023 Legal Developments Affecting New York’s Commercial Real Estate Industry.”2023 was a year of dramatically increased interest rate pressure on commercial real estate caused by the Federal Reserve’s actions to curb inflation. The rate environment resulted in reduced level of transactions but legislatures and regulators continued to pass laws affecting New York’s commercial real estate industry. Here are a few highlights.Read the entire Olshan Real Estate Law blog post, "Thomas Kearns Publishes Top 2023 Legal Developments Affecting New York’s CRE Industry in NYREJ"#OlshanLaw #CommercialRealEstate #ReviewOf2023 #RealEstateLawhttps://lnkd.in/gizT2zwx
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Olshan Frome Wolosky LLP
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Thomas Kearns PublishesTop 2023 Legal Developments Affecting New York’s CRE Industry in NYREJ olshanlaw.comNew York Real Estate Journal recently interviewed Co-Chair of Olshan Frome Wolosky LLP’s Real Estate Law practice Thomas D. Kearns in an article entitled “Top 2023 Legal Developments Affecting New York’s Commercial Real Estate Industry.”In the article, Tom discusses a few legislative and regulatory highlights of 2023 that will continue to affect New York’s commercial real estate industry, including: regulations on the implementation of the federal Corporate Transparency Act, which forces most limited liability companies to separately disclose ownership of the LLC in a federal filing; New York’s Transparency Act, an LLC ownership disclosure regime passed by New York’s legislature similar to the Federal act; the ruling in 260-261 Madison Ave LLC v. WeWork 261 Madison LLC, where the New York State Supreme Court permitted the landlord to pursue a claim against the WeWork parent company despite the parent company not appearing on the lease nor serving as guarantor; amendments to the General Business Law that limit retainage for construction contracts for $150,000 or more to 5% of the contract amount; and more.#OlshanLaw #CommercialRealEstate #ReviewOf2023 #RealEstateLawhttps://lnkd.in/eiDWc8fE
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Tanfield Chambers
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Janurary Newletter 2024 - Tanfield Chambers https://www.tanfieldchambers.co.ukOur January newletter is available to read on our website now.Keep up to date with our upcoming events, latest activities and all things property law related.If you want to be the first to read our quarterly newsletters, don't forget to subscribe to our mailing list. https://ow.ly/AEIZ50QunNu#propertylaw
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NJ Redevelopment Law | Redevelopment Abuse New Jersey | MROD https://www.mrod.lawIn takings by eminent domain, more than two-thirds of property owners think the government’s offer is the best they can do if condemnation is used.In New Jersey, it’s particularly important to have knowledgeable counsel, as eminent domain and condemnation abuse by the government has been prevalent.Many property owners feel helpless in these circ*mstances, but you can take on city hall, and we are here to help. Learn more about our eminent domain services and schedule your initial no-cost consultation here: https://lnkd.in/dyYhmrw#mrodlaw #lawfirm #law #property #taxes #redevelopment #eminentdomain #cartoonSee insights and adsBoost postComment
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Real Property Law Section of the California Lawyers Association
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Chair's Message - California Lawyers Association https://calawyers.orgThe Real Property Law Section’s Chair, Frantz Farreau, has something to say to you! Check it out in our October Journal article. | https://lnkd.in/gihUngF4#CLA #RPLS #realproperty #californiarealestate #californialawyer
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Marwah Law
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How This Tenant Law Ruling Could Affect You marwahlaw.comHow This Tenant Law Ruling Could Affect YouRead the blog here: https://bit.ly/3QQVViL #blog #readnow
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Larry Silvestri
Commercial and Residential Real Estate, Leasing, Development, Transaction & Title Attorney (LarryTheLeasingLawyer.com) (LarryTheTitleLawyer.com)
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Commercial Landlord Repair and Maintenance Requirements | Silvestri Law, P.A. silvestrilawpa.comMy latest blog post for your consideration. #larrytheleasinglawyer SILVESTRI LAW, PA
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Marwah Law
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How This Tenant Law Ruling Could Affect You marwahlaw.comHow This Tenant Law Ruling Could Affect YouRead the blog here: https://bit.ly/3QQVViL #blog #readnow
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Ingram Winter Green LLP
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Exercising a break clause – top tips for commercial tenants https://www.iwg.co.ukTime to move business premises? Oliver Grisenthwaite, a solicitor in the commercial property team, provides his top tips for commercial tenants seeking to exercise a break clause#law #legaladvice #property #commercialproperty #Londonhttps://lnkd.in/eNiBeq8J
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Britton and Time Solicitors
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Top 10 tips for negotiating a commercial lease 🏢🔑Our Head of Property Law, Sophie Campbell-Adams has designed a blog covering some of the most asked questions when looking to commercially lease a building.Click here to find out more:🔻https://zurl.co/Nky6 #propertylaw | #brittontime | #legalhelp | #experts
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