Tag Archives: York

(US) “Rocket-Docket” Launches in New York: Implications for Real Estate Practice

This post was also written by Joshua Leventhal In an effort to expedite the litigation process, reduce court costs and to offer contracting parties an alternative to arbitration, the New York State Supreme Court Commercial Division has adopted an “accelerated adjudication” rule, effective as of June 2, 2014, for all disputes exceeding $500,000. The “accelerated adjudication” … Continue Reading

(US) Air Rights: Make Sure You Get What You Pay For

This post was written by Lesley Vars and Leah Speckhard Prices for transferable development rights, commonly referred to as “air rights”, in New York City are reaching sky high numbers as developers scramble to build higher and higher. According to the Wall Street Journal’s April 23, 2014 article, titled “Sky is the Limit for Air … Continue Reading

(US) Creative Financing: A Developer financing method returns-IRS provides clarity on the use of Historical Rehabilitation Tax Credits

Part of a series on creative Real Estate financing. Using Crowdfunding to finance real estate projects Using New Market Tax Credits to finance projects Let the Purchaser do the Financing The Internal Revenue Service (“IRS”) recently issued important new guidelines regarding the Historic Rehabilitation Credit (“HRC”) reopening a recently moribund financing method. The new guidelines provide … Continue Reading

(US) Property Owners: Don’t pay for the same work twice. A discharge from liability to subcontractors under CERCLA

On March 18, 2014, the United States Court of Appeals for the Second Circuit decided that under the federal environmental cleanup law known as the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") (42 U.S.C. §9607), a subcontractor cannot recover the value of unpaid work directly from a landowner if the landowner has already paid … Continue Reading

(US) A “XXX Freak Fest” Follow-up: State occupancy laws still a concern for AirBnB

This is a follow-up to an earlier blog post on this issue from March, 2014. On March 25th,  I posted about the legal implications of using on-line apartment-renting services like AirBnB. Specifically, the post discussed how AirBnB hosts should be mindful of their state’s tax laws and occupancy laws. A few days after the post, … Continue Reading

(US) A “XXX Freak Fest” May Not Be the Worst of Your Problems:How to Avoid Eviction in the Sharing Economy

This post was also written by Leah Speckhard Last weekend, I came across an interesting story  on my Facebook news feed. It detailed how a New York comedian had rented out his apartment for the weekend using a popular website, AirBnB, only to come back and find that his apartment had been used to host … Continue Reading

(US) New York High Court Ruling: Restaurant in Union Square does not violate state public trust doctrine regarding use of parkland

In a recent decision, the New York Court of Appeals held that a NYC proprietor could operate a restaurant on city-owned parkland located in Union Square notwithstanding the so called “public trust doctrine”. The restaurant will replace long-time neighborhood favorite Luna Park, which closed in 2007 at the time of a citywide park renovation initiative. … Continue Reading
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