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In this episode of Inside R&E, Brendan J. Derr and Justin S. Weitzman, Members of R&E's Litigation department and Co-Chairs of the firm's Adjacent Property Access & RPAPL § 881 group, join Dave Lorenzo, Founder of Exit Success Lab, for a conversation about construction access agreements and New York’s recently amended RPAPL § 881. In this insightful conversation, Brendan, Justin and Dave discuss why developers may need access to neighboring properties, the issues that can prolong negotiations, and the circumstances under which a court-ordered license may be necessary. They also examine key changes to RPAPL § 881, including the notice requirement and the potential authorization of permanent encroachments such as tiebacks and underpinning. The conversation covers license fees, compensation, pre-construction surveys, insurance, indemnification and other important protections, offering practical guidance for developers and neighboring property owners navigating the access process. Brendan is an experienced litigator whose practice includes representing clients in a diverse range of disputes including those relating to real estate, construction, and complex commercial/business matters in both state and federal courts, as well as in arbitration. He routinely drafts and negotiates license agreements for access on behalf of developers and neighboring property owners/tenants, and has successfully litigated numerous RPAPL 881 proceedings. Brendan is known for applying his knowledge and pragmatism to achieve favorable results for his clients. Justin’s litigation practice is diverse, representing entities and individuals (investors, partners, managers, and officers) in complex real estate ranging from commercial litigation matters involving partnership, joint venture, limited liability company and shareholder disputes, including direct and derivative claims. In the real estate litigation context, Justin represents developers, landlords and property owners in matters involving commercial and residential landlord-tenant disputes, guaranty enforcement, Yellowstone injunctions, breach of contract of sale, class action rent overcharge claim, partition, and condominium and co-op disputes. Justin also has significant experience in handling employment-related disputes, such as claims of workplace discrimination and harassment, wrongful termination, wage and hour violations, breach of restrictive covenants, and breach of employment agreements; and complicated tort cases arising from products liability, premises liability, general liability, and construction site defects, to difficult insurance coverage disputes. For any questions related to this episode, contact Brendan J. Derr at [email protected] or (212) 551-1281. Justin S. Weitzman can be reached at [email protected] or (212) 551-1261. Stream the full episode, now available on Apple Podcasts, Spotify and YouTube.

In this episode of Inside R&E, Daniel M. Bernstein, Member and Leader of R&E’s Tax Incentives & Affordable Housing Department, and Jamie A. Smarr, President and CEO of the Housing Partnership Development Corporation, join Dave Lorenzo, Founder of Exit Success Lab, for a conversation on how New York can create a more predictable, developer-friendly environment to accelerate housing production. In this insightful conversation, Daniel, Jamie and Dave discuss the future of housing development in New York City and the obstacles that continue to slow the creation of much-needed housing. They examine how zoning restrictions, approval processes, regulatory requirements, and development costs affect the ability to bring new projects to market, and explore what changes could help encourage investment and increase housing production. The discussion also looks at opportunities for mixed-use development, public-private partnerships, and the creative use of land and other public assets to address the city's housing needs. Drawing on their experience in both the public and private sectors, the speakers share practical perspectives on how New York can foster growth, improve predictability, and create the conditions necessary to support long-term housing development. Daniel’s practice involves affordable housing and urban development issues in New York, obtaining property tax exemptions and abatements (485-x / ANNY for new development; 467-m / AHCC for commercial conversions; new and old 421-a including requests for extension of 421-a(16) Completion Date, ICAP/ICIP, 420-c, 420-a, J-51, Article XI, etc.), development rights bonuses and incentives / zoning requirements (Voluntary and Mandatory Inclusionary Housing, FRESH program, Zoning for Quality and Affordability) for New York City projects. Bernstein is experienced in the assessment and taxation of real property in New York, as well as acquisition, financing, leasing, Declarations of Condominium, and condominium offering plans. Bernstein also has extensive experience helping real estate developers obtain economic incentives for their residential, commercial, or mixed-use projects. Bernstein also performs diligence on such matters for lenders and purchasers of such NYC properties. Jamie Smarr is responsible for all of the corporation's day-to-day operations. A resident of Harlem for over 20 years, Mr. Smarr has helped create more than 2,500 units of affordable housing, 3,000 public school seats, and one million square feet of new residential, office and retail space throughout his career. Prior to the Housing Partnership, he led the NHP Foundation's Affiliate Program and Acquisitions Program. He also served as Executive Director of the New York City Educational Construction Fund, and the Director of Tax and Zoning for the New York City Housing Preservation and Development. For any questions related to this episode, contact Daniel M. Bernstein at [email protected] or (212) 551-1257. Jamie A. Smarr can be reached at [email protected]. Stream the full episode, now available on Apple Podcasts , Spotify and YouTube.

In this episode of Inside R&E, William Byers Jr., Member of R&E's Transactions Department, joins Dave Lorenzo, Founder of Exit Success Lab, for a conversation on how landlords, buyers, tenants, and lenders should look past headline rent and understand the lease as a financial system that controls predictability, expense recovery, concessions, cash flow, and financing risk. During the conversation, Bill and Dave discuss why base rent tells only part of the story and how a commercial lease functions as a financial system that drives cash flow, expense recovery, predictability and financing risk. They examine how concessions, escalations, operating expense pass-throughs, audit rights, base years and triple net structures can affect the true economics of a deal, and conclude with what lenders look for when evaluating lease income and risk. William Byers Jr. has worked on a myriad of both large and small transactions ranging from sales and purchases of office, apartment and mixed-use buildings to landlord and tenant representation in office, retail, restaurant, garage and ground leases, as well as grantor and grantee representation for complex multi-party easement agreements. In addition to having an MBA, Byers previously worked at a corporate firm, which serves him well in drafting complex corporate documents such as operating, partnership and shareholder agreements, joint venture agreements, stock purchase agreements, and employment agreements for commercial real estate brokers. For any questions related to this episode, contact William Byers Jr. at [email protected] or (212) 551-8456. Stream the full episode, now available on Apple Podcasts, Spotify and YouTube.

In this episode of Inside R&E, Jean S. Tom, Counsel in R&E's Transactions Department, welcomes Mike Salzano and Ariel Strizower, co-founders of Gnocchi on 9th, for a conversation about how a simple concept became a viral sensation and grew into a restaurant brand with 10 locations across New York City. They are joined by Dave Lorenzo, Founder of Exit Success Lab. In this episode, Jean, Mike, Ariel, and Dave discuss the unexpected journey behind Gnocchi on 9th, from its origins in a real estate relationship to a restaurant concept that quickly captured the attention of New Yorkers and social media audiences alike. They explore how a highly focused menu became a competitive advantage, the role branding and packaging played in shaping the company's identity, and the challenges of managing rapid growth after going viral. The conversation also covers site selection, operating in small and unconventional retail spaces, expanding without outside investment, and maintaining an affordable product in one of the country's most expensive markets. Mike and Ariel share insights on entrepreneurship, disciplined growth, and the value of executing a simple idea with clarity and purpose. Mike Salzano and Ariel Strizower founded Gnocchi on 9th with a simple goal: to serve fresh, affordable Italian food in a fast-casual format. Their signature concept, freshly made gnocchi served in iconic Chinese takeout boxes, quickly resonated with customers and helped differentiate the brand in New York City's competitive dining scene. What began as a single location on East 9th Street has grown into a successful multi-location business known for its distinctive concept, operational efficiency, and entrepreneurial approach to growth. Jean Tom represents clients in all aspects of transactions involving the acquisition, disposition, leasing, licensing and financing of commercial and residential real estate properties and related assets. She regularly prepares, reviews and negotiates non-disclosure agreements, brokerage, service and property management contracts with outside vendors on behalf of building owners. Jean also handles all types of real estate lending transactions, representing financial institutions in connection with loans secured by office and retail properties, with an emphasis on complex construction and permanent financings. As lead attorney of the residential practice group, Jean represents purchasers and sellers in the acquisition and disposition of commercial and residential properties in New York and other major metropolitan areas across the country. For any questions related to this episode, contact Jean S. Tom at [email protected] or (212) 551-8404. Visit Gnocchi on 9th, which operates 10 locations across New York and New Jersey, or order online at www.gnocchinyc.com. Follow Gnocchi on 9th on social media: Instagram: @gnocchinyc Facebook: @gnocchinyc TikTok: @gnocchinyc Stream the full episode on Apple Podcasts, Spotify, and YouTube.

In this episode of Inside R&E, Adam R. Sanders, a Member of R&E's Transactions Department, joins Dave Lorenzo, Founder of Exit Success Lab, to discuss how Opportunity Zones are designed to encourage long-term investment in underserved communities and create opportunities for investors, developers, business owners, and advisors. During the conversation, Adam and Dave discuss how Opportunity Zones can provide valuable tax and investment benefits when the legal structure, timing, and business strategy are aligned. Adam explains key requirements such as capital gains reinvestment, Qualified Opportunity Funds, and compliance with the programme's rules. They also examine issues affecting developers and business owners, including substantial improvement requirements, active business standards, and the impact of New York State's tax treatment on Opportunity Zone investments. Adam's practice focuses on representing clients in a wide variety of commercial real estate and business transactions and entertainment matters, including acquisitions and sales, financing, leasing, construction, portfolio structuring, Local Law 97, Opportunity Zones, 1031 transactions and general corporate and contractual representation in the real estate, entertainment, and other entrepreneurial industries. Adam is the firm’s go-to expert for all matters concerning Opportunity Zones. Investors and real estate developers exclusively rely on him for program updates and comprehensive legal analyses, keeping them on the cutting edge of the program even before regulations are released. For any questions related to this episode, contact Adam R. Sanders at [email protected] or (212) 551-1275. Stream the full episode, now available on Apple Podcasts, Spotify and YouTube.

NOTE: On July 14, 2026, the New York City Department of Finance published its final rules on the Pied-à-Terre Surcharge. Click here to read more. In this episode of Inside R&E, Benjamin M. Williams, a Member and Head of R&E’s Property Tax Department, invites Martha Stark, Policy Director and data analyst for Tax Equity Now New York; Clinical Professor of Public Service and Director of Management Specialization, NYU Wagner; and Former Finance Commissioner of New York City, for a conversation on New York City's new annual Pied-à-Terre Surcharge. In this insightful conversation, Ben and Martha discuss the newly enacted Pied-à-Terre Surcharge, what it means for property owners, co-ops, and condominiums, and the challenges it may present. They examine how the legislation was enacted, the need for greater transparency, how assessments may be conducted, and potential changes to the regulations. Drawing on Martha's experience as New York City's former Finance Commissioner and Ben's expertise as an appraiser, they break down the practical implications of the tax, explore possible reforms, and discuss what it could mean for the future of New York real estate. Ben's practice focuses on property tax reductions and planning. He has represented thousands of clients in property tax appeals and at New York City Tax Commission hearings. He also has a depth of experience in real estate tax projections for development, acquisition, leasing, financing and budgeting. Ben's forte is in reducing property taxes for co-ops and condos, multi-family residential, office, and retail properties. He has worked on Industrial and Commercial Abatement Program (ICAP), ICIP, 421-a, 485-x, 467-m, J-51, Not-For-Profit, Childcare Center exemption and abatement applications and projections. Martha Stark is the only person in the New York City area practicing property tax law who has also served as Commissioner of the New York City Department of Finance. She was also responsible for overseeing the administration of the commercial rent, corporate, unincorporated business, mortgage recording, and real property transfer taxes. Martha also serves as the Policy Director and data analyst for Tax Equity Now New York, the organization that recently filed a lawsuit challenging the New York City property tax structure. She has also served as a consultant for the Real Estate Board of New York, Rent Stabilization Association, and the New York University Furman Center. For any questions related to this episode, contact Benjamin M. Williams at [email protected] or (212) 551-1246. Martha Stark's Second Home Surcharge Tool is available on her website at https://starkpatchlegal.com/second-home-surcharge-tool/. Stream the full episode, now available on Apple Podcasts, Spotify and YouTube.

In this episode of Inside R&E, William Byers Jr., Member of R&E's Transactions Department, joins Dave Lorenzo, Founder of Exit Success Lab, for a conversation on how landlords, buyers, and investors should view a lease as part of the building’s financial architecture, and not just a legal form . During the conversation, Bill and Dave discuss how a lease is pivotal to the overall economics of a building and defines its financial performance. Bill explains how the structure of a lease affects the value of the building and highlight provisions that may appear harmless on paper but could impact the building’s value or risk profile, including hidden terms to watch for. Bill and Dave also examine specific provisions that could make one building appear more stable than another to a buyer or lender, as well as what buyers should look for in a lease during due diligence. In addition, they discuss landlord rights and limitations when a tenant files for bankruptcy, along with subleasing scenarios. William Byers Jr. has worked on a myriad of both large and small transactions ranging from sales and purchases of office, apartment and mixed-use buildings to landlord and tenant representation in office, retail, restaurant, garage and ground leases, as well as grantor and grantee representation for complex multi-party easement agreements. In addition to having an MBA, Byers previously worked at a corporate firm, which serves him well in drafting complex corporate documents such as operating, partnership and shareholder agreements, joint venture agreements, stock purchase agreements, and employment agreements for commercial real estate brokers. For any questions related to this episode, contact William Byers Jr. at [email protected] or (212) 551-8456. Stream the full episode, now available on Apple Podcasts, Spotify and YouTube.

In this episode of Inside R&E, Michael A. Pensabene, a Member of R&E’s Litigation Department, invites Tina Larsson, CEO of The Folson Group, for a conversation on the newly enacted Local Law 2026/058, also known as the Cooperative Application Timeline Law, which will take effect on July 28, 2026. During the conversation, Michael and Tina explain what the law requires co-op boards to do in terms of their sale approval process. They discuss its implications and the effect it will have on co-op owners, shedding light on how the law aims to create greater transparency around board decision-making, as well as the potential pitfalls it may introduce. They also explore how co-op boards can navigate the law and manage the application process for prospective purchasers, with Tina drawing on her experience to offer practical insights. She also shares how The Folson Group has helped co-op boards stay on top of their application processes and minimize exposure to liability under this new law. Michael A. Pensabene’s experience affords him the judgment to evaluate competing property interests and the business relationship between the parties, to know how and when to assert clients’ rights to achieve their objectives. Pensabene’s achievements representing clients such as the Hyatt Corporation, Trinity Real Estate, Forest City Ratner Companies and the Durst Organization are founded on these principles and were honed in a wide variety of forums, including City, State and Federal courts. Pensabene successfully tried one of the first cases concerning novel landlord and tenant issues resulting from the September 11, 2001 terrorist attack and set precedent concerning service of process. Pensabene’s expertise in connection with construction activities has ensured the timely completion of developments and the protection of neighboring property rights, including negotiating easements, work agreements, clearing development sites, and obtaining injunctive relief from the Supreme Court. He has also represented boards, shareholders, unit owners, sponsors and managing agents in a wide variety of disputes concerning complex co-op/condo issues. Tina Larsson is the co-founder and co-owner of The Folson Group, New York City's leading co-op and condo business consultancy. After helping her own co-op save $340,000, she and her husband, Mark Foley, started The Folson Group. They support NYC coop and condo boards in strategic advice, project management, cost reduction, and find them a property manager that fits their needs. She is the author of Living the High Life, frequent podcast guest and speaker, and holds a LEED Green Associate designation. Tina is on a mission to educate and support NYC condo or co-op boards optimize their buildings, because smart coop and condo boards don’t go it alone. For any questions related to this episode, contact Michael A. Pensabene at [email protected] or (212) 551-8406. Tina Larsson can be reached at [email protected] or (917) 648 - 8151. You can also reach out to Tina and The Folson Group, or know more about her work, using the links below: LinkedIn: https://www.linkedin.com/in/tinalarssonli/Website: https://www.thefolsongroup.com/Tina’s book: https://www.thefolsongroup.com/bookInsta: folsongrpTikTok: folsongrpYoutube: @folsongrpGet our NYC Compliance Calendar right in your inbox: https://nyccompliancecalendar.com/ Stream the full episode, now available on Apple Podcasts, Spotify and YouTube.

In this episode of Inside R&E, Alex M. Estis, a Member of R&E’s Litigation Department, invites Joel Davis, President of Peninsula Property Management (PPM), and Ernest Rrika, Director of Operations, for a conversation on property management in New York City and PPM’s perspective on managing properties in a complex market. During the conversation, Alex, Joel, and Ernest discuss PPM’s hospitality‑driven approach to managing properties in New York City and the operational strategies behind the firm’s rapid growth. They address commonly mismanaged property issues, the importance of proactive legal involvement, and how clear communication with landlords and tenants underpins their work. The discussion also covers the role of AI, responsiveness and transparency, what makes a successful attorney-property manager relationship, and how common frustrations can be resolved before they become legal disputes. Alex M. Estis handles all matters of general commercial litigation, including landlord-tenant disputes, breach of contract, transactional disputes, real estate partnership disputes, brokerage commission actions, holdover proceedings, ejectment proceedings, owner occupancy actions, co-op/condo disputes, matters before the New York City Office of Administrative Trials and Hearings, such as the Environmental Control Board and Department of Health as well as the New York City Criminal Court. He also handles commercial leasing negotiations and preparation for landlords, commercial tenants and net lessors. With over 15 years of exceptional experience in hospitality and property management, Joel Davis leads PPM not just to meet expectations but to exceed them at every turn. Beginning his career managing the renowned W Hotel for Marriott, Joel's extensive expertise in upscale service and operational excellence propelled him through various leadership roles, culminating in his tenure as Vice President of one of the largest property management firms in the tri-state area. Joel embodies PPM’s ethos of integrity and superior performance, overseeing all facets of operations and business development to ensure the highest standards of excellence across all managed properties. Ernest Rrika epitomizes the relentless pursuit of operational perfection at PPM. His robust background includes managing new developments and leading significant projects from roof replacements to major compliance and infrastructure upgrades, with a keen focus on innovation and stringent compliance standards. As Director of Operations, he is not only maintaining but elevating standards of compliance and oversees energy compliance initiatives, ensuring sustainability and cost efficiency that are unmatched in the industry, all while streamlining processes to enhance corporate efficiency. For any questions related to this episode, contact Alex M. Estis at [email protected] or (212) 551-1204. Joel Davis can be reached at [email protected] or (917) 981-8250. Ernest Rrika can be reached at [email protected] or (646) 894-7065. Click here to stream the episode, or view it here on YouTube.

In this episode of Inside R&E, R&E Member Alexander H. Shapiro and Counsel Daniel C. Gibbons join Dave Lorenzo, Founder of Exit Success Lab, to talk about noncompete agreements and trade secrets. During the conversation, Zander, Dan, and Dave break down what trade secrets are, why they matter to businesses, and when restrictive covenants and noncompete agreements come into play. They examine the FTC’s 2024 ban on noncompetes, its implications for both employers and employees, and where things currently stand. The discussion also covers how noncompetes are applied in New York State, including variations across different counties. Drawing on their professional experience, Zander and Dan share industry-specific case studies and explain how courts evaluate noncompetes in different contexts, highlighting key factors to consider. They also outline what both employers and employees should keep in mind when drafting or signing a noncompete agreement. Alexander H. Shapiro is an accomplished trial and appellate advocate with a proven track record of success in representing individuals and businesses in complex commercial disputes and white-collar regulatory and criminal investigations in state and federal forums. His distinguished background includes serving as an Assistant U.S. Attorney in the Southern District of New York and holding senior in-house leadership roles at three Fortune 500 companies. Shapiro represents clients with regard to a broad range of issues, including breach of contract, corporate governance disputes, business torts, securities and wire fraud, money laundering, asset forfeiture, piercing the corporate veil and voidable transfers, discovery in aid of foreign litigation (28 U.S.C. § 1782), and general counsel advisory services, including compliance and policy development. Daniel C. Gibbons is an accomplished trial attorney and seasoned litigator who has represented clients in courts and venues across the country in various complex commercial disputes. Dan is well regarded for his rational approach and measured advice and he is known for his ability to take complex concepts and reduce them into understandable language. Dan draws on his extensive prior experience, which enables him to understand the needs and objectives of his clients, provide sound legal and business advice, and effectively represent them in court. For any questions related to this episode, contact Alexander H. Shapiro at [email protected] or (212) 551-1221, or Daniel C. Gibbons at [email protected] or (212) 551-1264.

In this episode of Inside R&E, Benjamin M. Williams, Member and Head of the firm's Property Tax Department, invites Brett B. Theis, Member in the firm’s Litigation Department, and Neil Axler, Managing Director at EisnerAmper NY and leader of the firm’s National Real Estate Valuation Practice, to discuss appraisal methodologies, commercial lease appraisals, arbitration and property tax issues. In this conversation, Ben, Brett, and Neil explore various appraisal methodologies and valuation approaches. Neil discusses how appraisals are handled when engaged by divorce attorneys or appointed as a neutral appraiser for both parties. He offers insights into the sales, cost, and income approaches to property valuation, explaining which method is best suited to different scenarios. Brett adds perspective on appraisals in the context of commercial lease renewals, rent resets, and baseball arbitrations, emphasizing the importance of real-world experience in determining value. The group also discusses why arbitrators are often preferred over brokers, common issues surrounding the application and violation of USPAP (Uniform Standards of Professional Appraisal Practice), and the reasons lease agreements often lack specifics on rent renewals. They explain how it’s determined whether a dispute proceeds to arbitration or trial, and share stories and lessons learned from past cases they’ve worked on. Benjamin Williams’ practice focuses on property tax reductions and planning. He has represented thousands of clients in property tax appeals and at New York City Tax Commission hearings. He also has a depth of experience in real estate tax projections for development, acquisition, leasing, financing and budgeting. Ben’s forte is in reducing property taxes for co-ops and condos, multi-family residential, office, and retail properties. He has worked on Industrial and Commercial Abatement Program (ICAP), ICIP, 421-a, 485-x, 467-m, J-51, Not-For-Profit, Childcare Center exemption and abatement applications and projections. Brett Theis’ clients include some of New York’s largest investment and advisory firms, publicly traded REITs, commercial landlords and management companies, shopping center owners, international pension funds, not-for-profit corporations, and families with large real estate holdings. He uses his vast knowledge of New York law and nearly 20 years of litigation experience to evaluate complicated matters and develop intelligent, cost-effective strategies to achieve his clients’ goals. Brett regularly represents his clients in high-stakes matters in all New York state and federal courts, including appellate courts, and maintains an active arbitration practice. He has first-chaired numerous jury and non-jury cases to verdict and has been equally successful winning cases on motions for summary judgment and obtaining extraordinary injunctive relief for his clients when necessary. Neil Axler has three decades of real estate experience in valuing individual assets and portfolios of income-producing commercial and industrial properties. His diverse client base includes publicly traded and privately held companies, high-net-worth individuals, family offices, and government entities at the state, local, and federal levels. Neil oversees business development, management, and execution of real estate valuation consulting projects. With deep expertise in valuations for financial reporting, trust and estate planning, federal government agencies, tax appeals, and litigation support, Neil is also experienced in providing services for special servicers and in handling complex bankruptcy and restructuring cases. For any questions related to this episode, contact Benjamin M. Williams at [email protected] or (212) 551-1246. Brett B. Theis can be reached at [email protected] or (212) 551-8494. Neil Axler can be reached at [email protected] or (917) 648-2159. Click here to stream this episode, or view it here on YouTube.

In this episode of Inside R&E, Devin P. Kosar, a Member in the firm's Litigation Department, welcomes back Alex Zafran, the Director of Business Development of Logical Buildings, to continue their discussion on Local Law 97, which was enacted in 2019 as part of New York City’s Climate Mobilization Act. In Part 2 of this series, (the original episode aired on March 25, 2025), Devin and Alex discuss the recent updates in the law concerning new reporting and filing deadlines, and the importance of engaging a registered design professional and legal team in your corner to help you navigate through the reporting and filing process, as well as potential issues that may arise for the first time with the new law.  Finally,  Devin and Alex discuss how to utilize other programs such as the new J-51 Tax Abatement Program (J-51R) for compliance with Local Law 97 and how to get ready for the stringent requirements and increased greenhouse gas emission caps that are on the horizon for 2030 and beyond.       Devin Kosar is the head of the Firm’s Violation Department and has extensive experience in all regulatory and administrative law matters before the New York City Office of Administrative Trials and Hearings, such as the Environmental Control Board, Department of Consumer Affairs and Department of Health as well as the New York City Criminal Court. Kosar’s practice also involves all areas of real estate litigation including complex commercial litigation, landlord/tenant law and construction law. Additionally, Kosar also counsels and represents condominium boards in connection with condominium governance and operational matters. Alex Zafran is the Director of business development of Logical Buildings , where he partners with real estate owners and managers nationwide to cut energy costs, enhance efficiency, and lower their carbon footprint. Alex’s expertise spans across various sectors, including energy commodities and financial markets, energy procurement, solar generation, and smart buildings technology. His insights on New York City’s energy landscape for coops and condos have been featured in Habitat, Brick Underground, The Cooperator, and other industry publications. For buildings subject to Local Law 97, Alex’s primary goal is to eliminate the fear, uncertainty, and doubt that many are feeling right now, and replace it with a clear plan of action. For any questions related to this episode, contact Devin P. Kosar at [email protected] or (212) 551-1208. Alex Zafran can be reached at [email protected]. Click here to stream this episode, or view it here on YouTube.

In this episode of Inside R&E, Alex M. Estis and Adam Lindenbaum, Members of R&E’s Litigation Department, join Dave Lorenzo, Founder of Exit Success Lab, to talk about some case studies where Litigation and Transactional Attorneys have worked together (or ideally should have worked together) to draft commercial leases. This episode is a follow-up to Alex’s previous episode with Dave, titled “Why Should I Call My Litigator To Draft a Lease?”, which was based on Alex’s recent co-authored New York Law Journal's Landlord-Tenant Column with Gary M. Rosenberg. During the conversation, Alex, Adam and Dave talk about matters that led them to realize how important it is to involve a litigator alongside a transactional attorney in drafting lease agreements. They talk about how beneficial it is to have different perspectives on a lease, and the importance of using unambiguous language in these agreements to avoid possible future litigation and the cost that comes with it. They share their insights on key clauses found in lease agreements and also talk about particular industries and scenarios where involving a litigator with the transactional attorney to draft a lease produced great results for their clients. They also touch upon the Force Majeure clause, and what a transactional attorney should keep an eye on while drafting leases. Alex M. Estis handles all complex matters of general commercial litigation, including landlord-tenant disputes, breach of contract, transactional disputes, real estate partnership disputes, brokerage commission actions, holdover proceedings, ejectment proceedings, owner occupancy actions, co-op/condo disputes, matters before the New York City Office of Administrative Trials and Hearings, such as the Environmental Control Board and Department of Health as well as the New York City Criminal Court. Alex also handles commercial leasing negotiations and preparation for landlords, commercial tenants and net lessors. Adam Lindenbaum represents real estate firms, developers and tenants in connection with their use, management and operation of commercial real estate in New York and New Jersey. He dedicates his practice to handling disputes involving complex landlord-tenant matters, real estate ownership and commercial litigation. Adam also has extensive experience involving residential real estate and landlord-tenant matters, including those involving cooperative and condominium boards, rent control, rent stabilization and the loft law. Lindenbaum has practiced before state, federal and appellate courts in New York and New Jersey, the American Arbitration Association, as well as numerous administrative agencies. For any questions related to this episode, contact Alex M. Estis at [email protected] or (212) 551-1204, or Adam Lindenbaum at [email protected] or (212) 551-8405. Click here to stream this episode, or view it here on YouTube.

In this episode of Inside R&E, Raychel A. Camilleri, a Member of R&E’s Litigation Department, joins Dave Lorenzo, Founder of Exit Success Lab, for a discussion on how the construction industry can work through the impact of tariffs on the cost of their current and future projects. During the conversation, Raychel and Dave talk about the various clauses that should be included in the contract, including, but not limited to, a jurisdiction clause, time is of the essence clause, termination for convenience clause, and even some problematic clauses in some projects. They talk about various factors that could impact the cost of a project, with Raychel detailing GMP (Gross Maximum Price) contracts, Time and Materials contracts, Price Escalation clauses and Force Majeure clauses. They look at the impact of tariffs on a project from the perspective of both general contractors as well as owners, developers and lenders, and how the impact goes down the line to subcontractors. Raychel also advises on how negotiations could be made fair for everyone involved in the project, and how certain clauses could also help combat the potential increase in price of labor, due to change in immigration laws. Raychel A. Camilleri is an accomplished trial lawyer sought for her experience and success in defending complex, high-exposure litigation. She manages client exposure and contains costs either by alternative dispute resolution or trial by jury when necessary. Raychel focuses her practice on construction defect litigation, products liability, labor law, and commercial matters. She also represents clients in appellate proceedings before the New York State Appellate Division, First and Second departments. She regularly advises clients pre-litigation through accident reconstructions and investigations. For any questions related to this episode, contact Raychel A. Camilleri at [email protected] or (212) 551-1219. Click here to stream this episode, or view it here on YouTube.

In this episode of Inside R&E, Michael A. Pensabene, a Member in the firm's Litigation Department, and Craig M. Deitelzweig, President & Chief Executive Officer of Marx Realty, host an inaugural podcast in the new podcast gallery at 10 Grand Central. In this episode, Craig walks Michael through the various facilities in the new space, explaining the thought process behind designing such areas and how they are being utilized by both tenants and external visitors. He also shares some exciting plans for the space’s future, tailored to the unique needs of the location. Craig elaborates on how, in response to the rise of remote work, he brings hospitality and comfort into the office to encourage people to return, emphasizing the social aspects that make the office experience more inviting—sometimes even in abundance. He highlights the importance of revitalizing older buildings to give the city a competitive edge while meeting tenant demands. Craig also discusses upcoming projects and shares his thoughts on the future of office space in New York City. Michael A. Pensabene’s experience affords him the judgment to evaluate competing property interests and the business relationship between the parties, to know how and when to assert clients’ rights to achieve their objectives. Pensabene’s achievements representing clients such as the Hyatt Corporation, Trinity Real Estate, Forest City Ratner Companies and the Durst Organization are founded on these principles and were honed in a wide variety of forums, including City, State and Federal courts. Pensabene successfully tried one of the first cases concerning novel landlord and tenant issues resulting from the September 11, 2001 terrorist attack and set precedent concerning service of process. Pensabene’s expertise in connection with construction activities has ensured the timely completion of developments and the protection of neighboring property rights, including negotiating easements, work agreements, clearing development sites, and obtaining injunctive relief from the Supreme Court. He has also represented boards, shareholders, unit owners, sponsors and managing agents in a wide variety of disputes concerning complex co-op/condo issues. Over his 25-year career, Craig M. Deitelzweig has vast experience in every aspect of the real estate industry and believes in a very hands-on approach. Prior to Marx, he held senior roles at both private equity and private development companies, including redeveloping over 50 assets in major markets across the country with a particular emphasis on NY and DC. Craig’s projects have received various awards from industry groups such as NAIOP, BOMA, Globe St., Crain’s, Washington Business Journal and AIA. He has been interviewed as a thought and innovation leader in several features in the Wall Street Journal, CNN, Bloomberg and on CNBC, and was selected as one of the Real Estate Forum’s Best Bosses of 2019. Under Craig’s leadership, Marx was selected to Crain’s Best Places to Work in 2020 and 2021. Craig was named to the 2020 and 2021 Commercial Observer’s Power 100 List. Craig previously practiced law in the real estate and litigation departments at Skadden before transitioning to the business side of the industry. For any questions related to this episode, contact Michael A. Pensabene at [email protected] or (212) 551-8406. Craig M. Deitelzweig can be reached at [email protected] or (212) 557-1431. Click here to stream this episode, or view it here on YouTube.