Stewart E. Sterk
Block and lot indexes prevalent in New York City were designed to make title searches simpler than those necessary under the grantor-grantee index system prevalent in many other areas of the state and country. Suppose, however, block and lot numbers change over time. To what extent are purchasers on notice of deeds recorded under a block and lot number different from the one prevalent at the time of purchase?
Constructive Trust Does Not Require Transfer In Reliance
Failure to Obtain Subdivision Approval Does Not Make Title Unmarketable
Accounting Necessary When Property Is Purchased With Wrongfully Appropriated Funds,br> Church Documents Establish That Synod Did Not Wrongfully Take Local Church’s Property
Allegations of Fraud Insufficient to Extend Statute of Limitations on Foreclosure Action
Bona Fide Purchaser Prevails Over Mortgagee of Erroneously Discharged Mortgage
Landonwner Entitled to Nonconforming Use Status
Public Trust Claim Reinstated
Tenant Not Entitled to Recover Consequential Damages for Second Hand Smoke
Tenant Failed to Establish Constructive or Actual Eviction
Failure to Send Statutory Notice Subjects Apartment to Rent Stabilization
Overcharge Claim Dismissed Because DHCR Had Primary Jurisdiction
Purchaser Entitled to Return of Downpayment When Co-Op Failed to Consent
Part Two of a Two-Part Article
Part One of this article outlined the basic elements of a subordination, non-disturbance and attornment agreement (SNDA), which regulates two competing interests in the same property — tenant’s right to possess its premises pursuant to its lease and mortgage lender’s security interest in that same premises. Part Two explains the differences between the concepts of “non-disturbance” and “recognition,” while contending that lease recognition is more important to the tenant than not having its possession disturbed.
Thomas. C. Lambert and Steven Shackman
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.
Court Decides Who Is the ‘Prevailing Party’
No Duty to Collect Rent from Subsequent Tenant
Stewart E. Sterk and Michael C. Pollack
When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.
Mortgagee Entitled to Deficiency Judgment When Mortgagor’s Submissions Are Insufficient to Rebut Mortgagee’s Appraisal
Foreclosure Action Proceeds Despite Failure to Formally Discontinue Prior Foreclosure Action
Forbearance Agreement Tolled Statute of Limitations
Foreclosure Proceeding Dismissed for Lack of Standing Did Not Accelerate Mortgage