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Court: Condo Association Has the Right to Amend Bylaws to Bar Smoking Within Individual Units
In February 2014, our client, a Westchester County condominium association (the “Association”), amended its bylaws to bar smoking everywhere on the condominium property, including inside individual units (the “No Smoking Bylaw”). One unit owner (“Defendant”) continued to smoke in his unit despite the Association's demands that he comply with the No Smoking Bylaw. The Association retained us to enforce its rights under the Bylaw.
A Condominium's Bylaws May Restrict Conduct Within Units
While New York courts had previously ruled that second-hand smoke could constitute a nuisance that could be enjoined in particular cases, no court had decided whether a condominium association had the right to bar smoking in units based purely on the authority of the bylaw. In fact, we found just one relevant decision nationally, a 2005 Colorado decision that upheld a condominium declaration amendment barring smoking in units.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.