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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.
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Supreme Court Again Addresses Municipal Sign Regulations
By Steven M. Silverberg
In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. In April 2022, the Court took another look at the issue of strict scrutiny relating to “off-premises” signs in City of Austin, Texas v. Reagan National Advertising.
By NYRE Staff
Deed from Intestate Distribtees Effective Without Involvement of Estate Administrator
Notice of Pendency Is Not an Election of Remedies That Bars Issuance of Preliminary Injunction
Junior Mortgagee Obtained Good Title Despite Defects In Judgment of Foreclosure
Limitation on Easement Width Upheld
Forged Power of Attorney Voids Documents on Which Mortgagee Relied
By NYRE Staff
Habitability and Harassment Claims Survive Motion to Dismiss
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses
Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment
Renovations Qualified Apartment for High-Rent Vacancy Decontrol
COVID-19 Does Not Excuse Failure to Pay Rent
By NYRE Staff
Unit Owner Not In Possession Cannot Prevail on Wrongful Ejectment Claim
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