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What powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In Save America’s Clocks, Inc. v. City of New York, 2017 WL 5969265, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it. The case appears likely to find its way to the Court of Appeals.
Appellate Division Complicates the Rules for Municipalities Charging Consultants’ Fees
By Steven M. Silverberg and Katherine Zalantis
In a case addressing what consulting fees (in particular attorneys’ fees) can be charged to an applicant before a Zoning Board of Appeals, the Second Department in Landstein v. Town of LaGrange found that the Town had overreached its statutory authority.
By ssalkin
Co-Tenant Obtains Partition Upon Failure of Adverse Possession Claim
Questions of Fact Remain About Violation of Covenant Requiring Use As a Catholic High School
Mortgagor’s Letter Seeking Short Sale Did Not Reset Statute of Limitations on Mortgage
Failure to Construct Facility Triggers Reverter Provision in Deed
Questions of Fact About Whether Buyers Had Made Time of the Essence
No Equitable Mortgage When Statute of Limitations Bars Written Mortgage
Cotenant Entitled to Partition with Accounting
By ssalkin
Video Surveillance an Adequate Substitute for Lobby Attendants
Yellowstone Injunction Unavailable When Tenant Could Not Establish Willingness to Cure
Landlord Prevails In Nonprimary Residence Proceeding
By ssalkin
Shareholder Can Compel Board to Cooperate With Building Department
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