by Gary Nissenbaum | Jun 29, 2012 | Construction & Commercial Real Estate Law Blog
When has a landlord materially deprived its commercial tenant of an expected and intended use of a premises, as required for constructive eviction? The Supreme Court of New York, Appellate Division for the First Department recently addressed this question. ...
by Gary Nissenbaum | Jun 29, 2012 | Construction & Commercial Real Estate Law Blog
The common law doctrine of nullum tempus occurrit regi roughly translates to “no time run against the king.” In the past, that doctrine was enforced when courts determined whether government agencies were barred by the same statutes of limitations as private citizens...
by Gary Nissenbaum | Apr 18, 2012 | Construction & Commercial Real Estate Law Blog
May contractors limit their responsibility for paying another party’s legal fees in situations where that other party’s fault precipitates the cause of action? Recent court decisions suggest that, if the contractor has a narrow indemnification clause in his contract,...
by Gary Nissenbaum | Nov 23, 2011 | Construction & Commercial Real Estate Law Blog
In 2003, the National Conference of Commissioners on Uniform State Laws (NCCUSL) drafted and approved the Uniform Environmental Covenants Act (UECA). UECA was enacted to develop a system of recording environmental covenants for contaminated real properties known as...
by Gary Nissenbaum | Nov 23, 2011 | Construction & Commercial Real Estate Law Blog
In a recent case, the Appellate Division of the Superior Court of New Jersey addressed the difficult issues surrounding inverse condemnation. Inverse condemnation is when a property owner is deprived of all or substantially all of the beneficial use of the totality of...
by Gary Nissenbaum | Nov 23, 2011 | Construction & Commercial Real Estate Law Blog
The New Jersey Bulk Sales Law (Bulk Sale Statute) applies to transactions involving the sale, transfer or assignment in bulk of business assets of any part or whole of the person’s business assets, other than in the ordinary course of business. N.J.S.A....
