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When the city, as a seller of real estate, attaches a document to the deed at closing, but the deed does not refer to that document, may the buyer introduce evidence to establish that the document was intended to clarify the deed description? The First Department faced that issue in Liberty Square v. The Doe Fund, Inc., 202 A.D.3d 55, and precluded the purchaser from using the document to clarify the deed description.
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Second Department Rules That Cooperative Apartment Owners’ Rights Are Precarious
By Paul Golden
On June 14, 2023, the Second Department decided Walsh v Ocwen Loan Servicing. The court, with little fanfare, appeared to rule that cooperative apartment owners are saddled with an unavoidable risk of loss. That is, if a lender alleges that the owners have defaulted, and then conducts a nonjudicial foreclosure sale, the former owners are left with few remedies.
By New York Real Estate Law Reporter Staff
Co-Op Purchaser Not Entitled to Cancel Contract
Stipulation of Settlement Did Not Foreclose Warranty of Habitability Claim
Questions of Fact About Mitchell-Lama Succession Rights
By New York Real Estate Law Reporter Staff
Taking Was for a Public Purpose and Failure to Comply With Public Hearing Requirement Did Not Invalidate Taking
By New York Real Estate Law Reporter Staff
Fact Questions About Expansion of Nonconforming Use
Subdivision Improperly Classified As Type II Action Under SEQRA
ZBA Entitled to Approve Permit for Building Larger Than One Depicted In Approved Site Plan
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