Latest News & Developments in Commercial Real Estate Law
Since 2008, we have used our real estate law blog as a way to keep readers informed about the latest developments and news within commercial real estate law. Some of the topics we regularly address include court decisions on disputed commercial real estate transactions, limited liability company law and high-end residential real estate transactions. In addition to informing readers, we make it a priority to provide an in-depth analysis of the topics we discuss.
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As of December 5, 2025, New York amended Real Property Actions and Proceedings Law Section 881 (“RPAPL 881”), the statute that enables courts to grant temporary licenses to adjoining properties for access during construction. Often, work on one property cannot be performed without access to a neighboring property. In addition, building codes require those doing work on their own property to place protections on adjoining properties, under certain conditions. RPAPL 881 allows those performing work on their property to obtain a court order granting a license to enter adjoining properties, where such access is necessary but has been refused. As property values have soared, RPAPL 881 litigation has increased. The amendment to RPAPL 881 appears to be an effort to provide more clarity to courts and litigants concerning adjoining access licenses.
New York Real Estate Journal published an article on November 25 authored by Co-Chair of Olshan’s Real Estate Law practice Thomas Kearns entitled “Legal AI for Real Estate Transactions” (or here for NYREJ subscribers).
New York Real Estate Journal published an article on September 30 authored by Co-Chair of Olshan’s Real Estate Law practice Thomas Kearns entitled “Does a Deal with Taylor Turn into a Deal with Travis?” (or here for NYREJ subscribers).
New York Law Journal published an article on July 31 authored by Olshan real estate partner Gregory Jaske entitled “Tips for Protecting Businesses from Imprecise Contractual Indemnity Provisions” (or here for New York Law Journal subscribers).
Law360 published an article on July 29 authored by Olshan real estate partner Gregory Jaske entitled “Recent Decisions Caution Against Broad Indemnity Provisions” (or here for Law360 subscribers).
New York Real Estate Journal published an article on July 29 authored by Co-Chair of Olshan’s Real Estate Law practice Thomas Kearns entitled “LLC’s Manager’s Liability to Members” (or here for NYREJ subscribers).
New York Real Estate Journal published an article on May 27 authored by Co-Chair of Olshan’s Real Estate Law practice Thomas Kearns entitled “Is a Bank Required to Take a Deed in Lieu?” (or here for NYREJ subscribers).
New York Real Estate Journal published an article on March 25 authored by Co-Chair of Olshan’s Real Estate Law practice Thomas Kearns entitled “What Is Estoppel?” (or here for NYREJ subscribers).
New York Real Estate Journal published an article on January 28 authored by Co-Chair of Olshan’s Real Estate Law practice Thomas Kearns entitled “Top 2024 Legal Developments Affecting New York’s Commercial Real Estate Industry” (or here for NYREJ subscribers).
New York Real Estate Journal published an article on November 26 authored by Co-Chair of Olshan’s Real Estate Law practice Thomas Kearns entitled “Borrower Permitted to Prove Delays and Bad Faith by Lender and Servicer” (or here for NYREJ subscribers).