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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.
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