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  Luxury Decontrol for Couples Living Apart

  By Stewart E. Sterk

  The Rent Regulation Reform Act provides for deregulation of rent-stabilized apartments occupied by tenants whose income exceeds the statutory threshold. When a married couple lives in the apartment, the income of both spouses counts in determining whether the threshold is met. But suppose only one spouse occupies the apartment as a primary residence. When, if ever, should the income of the other spouse be counted towards the threshold?

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• Real Property Law

  By ssalkin

  Temple Awarded Specific Performance of Agreement to Reconvey
  Inadequacy of Sale Price Insufficient to Set Aside Foreclosure Sale
  Questions of Fact About Purchaser’s Ability to Perform
  Knowledge of True Owner’s Claim Does Not Defeat Adverse Possession Defense
  Contract Vendee Entitled to Specific Performance
  Land Seller Did Not Violate General Business Law Section 349
  Statute of Limitations Bars Foreclosure Claim

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• Landlord & Tenant

  By ssalkin

  Subletting Rent Stabilized Apartment for Short Periods Is Not a Curable Defect
  Tenant May Terminate When Landlord Failed to Cure Landmarks Violation
  Breach and Fraudulent Inducement Claims Survive Motion to Dismiss
  Late Fees Not Enforceable
  Subtenants Not Entitled to 30 Day Notice

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• Development

  By ssalkin

  Signs Not Compliant With Zoning Ordinance

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