judge writing decision

When a Commercial Tenant Goes on Offense

We were nearly a year in to a heated battle with a retail tenant. In court, I was representing the landlord. Each side had hundreds of thousands of dollars on the line and the whole case was now turning on the judge’s interpretation of a few words in the lease. This was a Yellowstone Injunction… Continue Reading



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Landlord & Investor Q&A September 2018: Presented by Attorney Jim Clark

In this segment Jim Clark answers the most popular questions that come up through his interactions with landlords and real estate investors through his presentations to local organizations, networking, one on one conversations as well as direct posting through his web site and social media. This month the following questions are addressed: Percentage rent structures… Continue Reading



commercial real estate building

Making the Jump to Commercial Real Estate

I see it happen to successful residential real estate investors all the time. They get to a point where they’re doing a little bit of everything – working on rehabs, picking up some residential rentals to hold, assigning some of their contracts when the numbers  make sense and looking at bigger deals. They’re in a… Continue Reading



The Commercial Mortgage Modification

Case Study: The following represents and actual commercial mortgage modification matter in which James E. Clark served as counsel.  Names of parties and other identifying information has been changed to protect the confidences of the parties.  The following represents a smapling of the type of work Mr. Clark has done in the past and in no… Continue Reading



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Types of Deeds in New York State

In order to be a successful landlord or real estate investor, you need to take a look at the minute details in each transaction. Even when everything else about a deal checks out, it’s possible for a seemingly trivial detail to cause issues in the future. When you are purchasing or selling property, it’s imperative… Continue Reading



Guarantors and Summary Eviction Proceedings

The guarantor of a lease agreement cannot be made a party to a New York summary eviction proceeding, unless the guarantor also has some independent possessory interest in the property. A landlord’s eviction of a tenant in New York State is primarily achieved through a nonpayment or holdover summary proceeding under Article 7 of the Real… Continue Reading