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Vague Purchase Contract Bohensky v. 3912 Rainspring, LLC NYLJ 3/3/17, p. 37, col. 4 AppDiv, Second Dept. (memorandum opinion) In an action to foreclose a mortgage on a condominium unit, the unit’s occupants appealed from Supreme Court’s order striking their affirmative defense alleging that mortgagee was not a bona fide encumbrancer. The Appellate Division affirmed, holding that although occupants’ possession placed mortgagee on inquiry notice, inquiry would have revealed that occupants had no claim to the subject unit.
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The Guaranty Law Continues to Divide Opinion
By Matthew J. Schenker and Joshua Kopelowitz
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District’s view that the statute is unconstitutional and the splintered view of the statute’s constitutionality expressed by New York State courts.
By New York Real Estate Law Reporter Staff
ZBA’s Abandonment of Its Prior Determination Invalid
Denial of Area Variance Upheld
Lease of Town Property Upheld; Property Not Subject to Public Trust
East Side Rezoning Upheld Against SEQRA Challenge
By New York Real Estate Law Reporter Staff
Partial Constructive Eviction Defense Recognized
Condition Precedent to Sub-Sublease Not Satisfied
Guaranty Law Does Not Bar Liquidated Damages Claim
Penalty for Improper Conversion of Residential Building
Force Majeure Clause Reduces Pandemic-Era Rent
By New York Real Estate Law Reporter Staff
Contract Language Does Not Bar Purchaser’s Recovery of Prejudgment Interest
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