Casualty and Insurance Issues in Commercial Leases

$149.40
by Alan Michael Di Sciullo Esq

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This valuable book provides an in-depth review and analysis on casualty and insurance issues in one comprehensive, easy-to-use resource. Alan Di Sciullo, Esq. is the retired Director of Global Real Estate for Shearman & Sterling LLP.  In that capacity, he directed the firm’s worldwide real estate portfolio.  He has been a Senior Vice President with a major global banking organization working on its corporate real estate merger and acquisitions activities and was of counsel with a New Jersey law firm.  The large portion of his career was with Morgan Stanley as a First Vice President and Senior Counsel where he was responsible for its real estate transactions and related litigation. Among the transactions Mr. Di Sciullo did at Morgan Stanley included the largest leases at the original World Trade Center totaling over 1.2 million sf and the claims and relocations following the 9/11 attack on the Towers, the development of the 600,000 sf Discover Card Headquarters in Riverwoods, Il., and over 200,000 sf for Dean Witter Trust’s headquarters in Harborside Plaza, Jersey City, NJ. Mr. Di Sciullo has been active in civic and professional activities. He was a member of President Reagan’s Private Sector Survey on Cost Control (the Grace Committee) and was elected a fellow of the American College of Real Estates Lawyers (ACREL) in 2003.  He has been an executive committee member of the American Bar Association’s (ABA) RPTE’s Section and member of its Council and Planning committee. He has been a co-chair of its Groups and Substantive Committee and a long-serving chair of the Office Leasing Committee and various other lease-realted committees. He presently chairs the Senior Leader's Division Alternative Dispute Resolution committee.  He had served as President of the New York chapter of the International Association of Corporate Real Estate Executives (NACORE), was a director on that organization’s international board of directors and was president-elect of its educational affiliate, the Institute of Corporate Real Estate. He served as an advisory member on the New York chapter of its successor organization, Corenet Global. He chaired the West Windsor Planning Board between 1993 and 1997 and received numerous leadership and planning awards in that position.  He served as a director on the New Jersey Planning Officials board from 1996 to 2014.  Mr. Di Sciullo is a co-author of a 2400 page treatise Negotiating and Drafting Commercial Leases (Law Journal Seminars-Press 1995), which is in its twenty-fifth year of publication and supplements.  He has been a frequent author and speaker on commercial real estate issues. Since 1991, Mr. Di Sciullo has taught at New York University’s Schack Masters in Real Estate program and is presently a Professor at that institution. He has received NYU’s Outstanding Teaching and Services awards. He has also served on Corenet Global’s MCR program faculty and has received several Outstanding Faculty awards from that Institute. Mr. Di Sciullo has an undergraduate degree in Government and Economics (cum laude) from Georgetown University and his J.D. from the Georgetown University Law Center in law.  He also received an M.B.A. in finance from New York University. He has been recognized as a Super Lawyer and is listed in Who’s Who in America and the World and in companion publications for American Lawyers, Finance and Emerging Leaders. At common law, the landlord was not responsible for repairing the premises or leased improvements. The medieval tenant typically rented agricultural lands. The improvements on these lands, such as a barn or a shed, were merely incidental to the leased property. Most often, the landlord lacked the necessary tools and skills to repair or maintain these structures. As such, the tenants took the leasehold in an “as is” condition, under the rule of caveat emptor. Under the common law, the tenant had no legal obligation to restore a structure damaged by fire, flood, or other casualty. However, the tenant was frequently economically compelled to rebuild the damaged or destroyed structure if it wanted to receive the maximum benefit and use of the land and the premises it was leasing. Therefore, a tenant assumed considerable risk and liability in entering into a lease at common law. Today, most modern leases involve urban and suburban offices and retail shops where the improved space is the main focus of the lease agreement rather than the underlying land. Moreover, most tenants do not have the time, skill, or tools necessary to repair or maintain a building or premises.

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