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Beware Of Use Of Estoppel As A Shield In Commercial Real Estate

The New Jersey Appellate Division case of Commerce Limited Partnership, Plaintiff-Appellant v. Edison Furniture, LLC, Defendant-Respondent, 2020 WL 820338, is a cautionary tale on the use of estoppel certificates. Although...more

Use Precise Draftsmanship To Avoid Or Obtain A Brokerage Commission Payment (And Avoid Being Insulted By A Court)

The New Jersey Appellate Division case of Gebroe-Hammer Associates v. Deal Lake Village Gardens, LLC, et. al., 2020 WL 428795, decided on January 28, 2020 addressed the plaintiff’s claim for a real estate brokerage commission...more

Excess Or Primary Insurance? Make Sure Your Contract Specifies.

A New Jersey appellate court ruled in Lopez v. Palin Enterprises, Associated, No. A-0886-17T4 (N.J. App. Div. December 5, 2018) that a tenant’s insurance policy was not the primary coverage for an injury to its employee which...more

Breaking Up The Big-Box

Retail real estate owners and operators are loathe to use the expression “retail apocalypse” in describing the current state of the market, but they cannot ignore the seismic changes affecting the industry due to a myriad of...more

Supreme Court Holds States Can Collect Sales Tax From Online Retailers

On June 21, 2018, the U.S. Supreme Court held that internet retailers may be required to collect sales taxes in states where they have no physical presence. The decision, South Dakota v. Wayfair, No. 17-494 (June 21, 2018),...more

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