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New York City’s 2001 ordinance regulating adult uses has been the subject of litigation for more than 15 years. In September, the Court of Appeals put an apparent end to the litigation by denying reargument of its June decision upholding the ordinance. For the People Theaters of N.Y., Inc. v. City of New York, 29 NY3d 340, rearg. den 29 NY3d 1115. Unless the United States Supreme Court intervenes, the court’s analysis should make it significantly easier for New York municipalities to defend adult use ordinances against First Amendment attack.
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?
Assignment of Right to Purchase Held Not Fraudulent
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
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