On Oct. 16, 2025, Governor Kathy Hochul signed Senate Bill S7413 into law, amending Section 339-aa of the New York Condominium Act. The amendment introduces a mandatory pre-foreclosure notice that condominium boards must send defaulting unit owners before commencing a lien foreclosure action to recover unpaid common charges and assessments.
- April 30, 2026David Blessington and Andrew Braverman
The Court of Appeals' narrow construction in Coalition for Fairness in Soho and Noho, Inc. v. City of New York of the United States Supreme Court’s unconstitutional conditions doctrine raises questions about how the Supreme Court’s exaction-takings jurisprudence should be applied within the state.
March 31, 2026Stewart E. SterkIn the case of Hudson View Park Company v. Town of Fishkill, the New York Court of Appeals concluded that a Memorandum of Understanding (MOU) entered into between Plaintiff and the Fishkill Town Board in 2017, regarding the review of a certain zoning proposal, was not binding upon a Town Board subsequently elected in 2019.
March 01, 2026Steven M. SilverbergWhile the term ripeness may conjure up images of fruit or produce, in federal litigation it functions as a pragmatic barrier against premature judicial intervention. The plaintiffs in 61 E. Main St. Assoc., LLC v Vil. of Washingtonville felt the full force of this doctrine after their claims alleging unlawful, discriminatory delay in approving their project were dismissed as unripe for adjudication. The Southern District of New York reaffirmed the Second Circuit’s longstanding approach to zoning disputes: No Final Decision, No Federal Lawsuit.
February 01, 2026Leo Dorfman and Vincent FerryThe Court of Appeals reversed a line of lower court cases which had upended the expectations of innumerable contracting parties who bargained for limited “good guy” guaranties.
January 01, 2026Thomas C. Lambert and Steven ShackmanIn 2019, the Uniform Partition of Heirs Property Act/RPAPL §993 (the UPHPA) reshaped the rights of co-owners of inherited property in New York, replacing the traditional, sale-favoring partition system with a multi-layered process designed to limit the right to seek partition and to prioritize family ownership. The Second Department’s sweeping decision confirms that the partition landscape has drastically changed.
December 01, 2025Christopher Ryan ClarkeWhen a village or other taxing authority conducts a tax lien sale, and the purchaser of the tax lien subsequently acquires a tax deed, what rights does the tax-delinquent former owner of the property enjoy?
March 31, 2025Stewart E. SterkNew York City enacted the Fair Chance for Housing Act on Jan. 1, 2025, a transformative law reshaping how criminal history influences housing decisions. Its goal is to address the disparate impact that review and consideration of criminal records may have on the ability of persons of color to obtain housing.
March 01, 2025Cori A. RosenThis past December, the Appellate Division, First Department struck down a key provision of New York City’s recently amended Zoning Resolution.
February 01, 2025Jack L. Lester and Lawrence K. MarksNew York City’s recently adopted City of Yes for Housing Opportunity (CHO) represents the most significant overhaul of residential zoning regulations in decades. The interplay between existing procedures and new provisions will likely generate significant interpretive questions and litigation as developers seek to take advantage of these opportunities.
December 23, 2024David Rosenberg











