THE WEST FIRM, PLLC

Choosing between brownfield and greenfield development can shape a project’s cost, timeline, and regulatory risk. This guide explains the key differences under New York environmental law, including cleanup obligations, SEQRA review, incentives, and when legal guidance is critical.

Mezzanine debt plays a critical role in New York commercial real estate financing, but it comes with unique legal risks. This guide explains what mezzanine debt is, how it works, and why UCC rules, priority issues, and foreclosure exposure matter for developers and lenders.

Construction projects in New York require more than good planning. From permits to inspections, one missed step can trigger delays, fines, or stop-work orders. This guide breaks down what approvals are required, how inspections work, and how to stay compliant from start to finish.

Avoid governance deadlocks with clear, enforceable operating agreements and bylaws. The West Firm, PLLC breaks down how vague authority, unresolved counsel roles, and unclear voting rules create conflict—and how strong drafting prevents costly disputes.

Ground leases are a powerful tool in New York real estate development, but they come with zoning, environmental, and long-term financial implications. This guide explains what a ground lease is, how it works, and when legal guidance is critical to protect your project.

Easements define a property owner’s right to use another’s land for a limited purpose—like access or utilities—without transferring ownership. They can increase or restrict a property’s value depending on their type and scope. Understanding how easements are created, recorded, and enforced helps buyers and developers avoid disputes and protect their property rights. Learn the key types of easements, how they’re established, and why proper legal review is essential before closing on any real estate transaction.

An Operating Agreement is the foundation of every Limited Liability Company (LLC), defining ownership, management, and decision-making rules. In New York, every LLC is required to adopt one—but beyond compliance, it’s a vital tool for protecting members, preventing disputes, and reinforcing limited liability protections.

Learn why your LLC needs a well-drafted Operating Agreement and how The West Firm helps New York businesses craft legally sound, customized agreements that safeguard their long-term interests.

On September 24th, the New York State Supreme Court delivered a key victory for cannabis retailers by blocking a new rule that could have forced dozens of dispensaries to relocate. The Court upheld OCM’s 2024 guidance, confirming that the required 500-foot distance from schools must be measured from entrance to entrance—not property line to property line. This ruling protects 44 applicants and 108 licensees through February 15, 2026, providing much-needed clarity and stability for the industry.

Understand the legal requirements for proving a breach of contract, including the existence of a binding agreement, breach of terms, and measurable damages.

Discover how maintenance responsibilities are typically divided in commercial leases, from structural repairs to routine upkeep, and how to negotiate favorable terms.

Explore the regulatory, permitting, and contractual hurdles energy developers face and the strategies for keeping projects on track and compliant.

Discover the steps to strengthen your case on appeal, including preserving trial errors, meeting filing deadlines, and presenting persuasive legal arguments.

Buying property in Albany’s historic hill towns can unexpectedly reveal a serious challenge: your sole access route might cross your neighbor’s property

Explore how shifting workplace policies are affecting office space needs, vacancy rates, and lease terms in the commercial real estate market.

Explore how asset purchase agreements can become central to business litigation, including common disputes, key contract terms, and strategies for protecting your business.

Discover the process for appealing a denied water quality permit, from understanding the reasons for denial to filing challenges under New York environmental law.

Understand the legal power of eminent domain, when it can be used to take private property for public use, and how owners can protect their rights and secure fair compensation.

Discover how retail energy agreements set the terms for purchasing electricity or gas, including pricing structures, contract length, and renewal provisions.

Learn the most effective approaches to settling business disputes, including informal resolution, alternative dispute resolution, and court action when necessary.

Discover key negotiation tactics for commercial leases, including rent adjustments, tenant improvements, and exit clauses that align with your business needs.

Compare arbitration and mediation as alternative dispute resolution methods, focusing on formality, decision-making, and how each approach resolves conflicts.

Learn how to negotiate and structure power purchase agreements to protect your interests, ensure price stability, and align with project timelines.

Learn about the legal framework for oil and gas leasing in New York, including current regulations, environmental considerations, and how landowners can navigate mineral rights issues.

Understand the legal standards for obtaining a zoning variance, including demonstrating unique hardship, compliance with community plans, and minimal adverse impact.

Adverse possession laws in New York can allow individuals to gain legal ownership of property they’ve occupied without permission—but only under strict conditions. In this blog, The West Firm's real estate attorneys break down the essential elements, recent court interpretations, and what landowners need to know to protect their rights.

Learn the rules around solar company solicitations, including your right to accept, decline, or negotiate terms before signing any agreement.

Explore the purpose and process of obtaining a special use permit, including zoning considerations, public hearings, and strategies for securing approval for your project.

Review the most frequent zoning disputes in Albany, from property line disagreements to challenges over permitted uses and development restrictions.

Discover how environmental permitting requirements may delay development, increase costs, or lead to project modifications, and how to address these challenges proactively.