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  • First Department Construes Open Space Requirement

    February 01, 2019 |

    In Peyton v. New York City Board of Standards and Appeals, the First Department faced a difficult question: when a zoning lot includes more than one building, can open space accessible to residents of one building, but not to residents of the other buildings, count as open space within the meaning of the New York City Zoning Resolution?

  • Real Property Law

    February 01, 2019 |

    Lot Owner Lacks Standing to Compel Payment of Assessments
    No Foreclosure Jurisdiction Over Deceased Owners
    Questions of Fact Preclude Summary Judgment on Claims of Easement By Necessity and Prescription

  • Development

    February 01, 2019 |

    Zoning Board Bound By Prior Determination
    Planning Board Had Rational Basis to Require Church to Record an Easement
    Special Permit Denial Overturned
    Restrictive Zoning Ordinance Sustained Against Multiple Challenges

  • Landlord & Tenant

    February 01, 2019 |

    Tenant's Contractor Has Lien Against Landlord's Interest
    Stipulation of Settlement Between Landlord and Tenant Did Not Release Guarantor
    Landlord Bound By Rent Mistakenly Set By Temporary Receiver

  • West Village Houses: Units Ruled Not Stabilized Despite Receipt of J-51 Benefits

    January 01, 2019 |

    Ever since 2009, it has been an article of faith that a building's receipt of J-51 benefits means that all of the apartments therein automatically become rent-stabilized. If those apartments were already rent-stabilized, they become stabilized a second time. The second layer of rent stabilization has the effect of barring luxury deregulation, at least until J–51 benefits expire. In West Village Houses Renters Union v WVH Hous. Dev. Fund, Justice Barbara Jaffe held that the tenants of 32 unsold cooperative units at the West Village Houses complex were not rent-stabilized, even though their buildings had received J-51 benefits.

  • Real Property Law

    January 01, 2019 |

    No Duty to Maintain Bulkhead
    Self-Conveyance Did Not Sever Joint Tenancy
    Promissory Estoppel Not Available to Avoid Statute of Frauds
    Presumption of Hostility Sustains Prescriptive Easement Claim

  • Development

    January 01, 2019 |

    Town Cannot Hold Back Building Permits as Financial Security
    Parkland Alienation Doctrine Does Not Preclude Dock on Open Space Easement
    Landowner Failed to Exhaust Administrative Remedies

  • Landlord & Tenant

    January 01, 2019 |

    Loft Tenant Subject to Rent Stabilization
    Video Surveillance a Substitute for Part-Time Lobby Attendants

  • Real Property Law

    December 01, 2018 |

    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