News & Publications

Perhaps the most visceral concept in real estate joint venture (REJV) sponsorship is to contemplate 'for cause removal' – the guillotine of REJVs. These provisions, embedded in a joint venture operating agreement, warrant your team's focused attention, as they can significantly impact the control and success of the venture. A thorough understanding of these provisions is crucial, as they set the framework for actions when issues arise. 'Bad Acts' as Grounds for Removal REJVs are [...]

Most people do not think twice about the quiet, unused, streets that hide within our neighborhoods, cities, and towns. These streets are easy to overlook, until a disrupting event—such as new property development, utility work, or a dispute between landowners—raises the question: who actually owns these forgotten streets? The ownership of unused streets can be a complex issue, that can generate legal disputes over who has the right to access, use, or claim title to [...]

In a recent decision, a New York appellate court reversed a trial court ruling that had granted summary judgment in favor of the plaintiff in a dispute over alleged diversion of trust funds under Article 3-A of the New York Lien Law. The case, 1 Park East Construction Corp. v. Uliano, underscores the evidentiary burden required for a plaintiff to establish a case of trust fund diversion for summary judgment. The underlying dispute arose from a [...]