Court Reserves Decision Pending Further Proceedings When ZBA Produced Inadequate Findings of Fact to Support Variance Grant Landmark Designation Upheld Despite Town's Failure to Call Public Hearing Within Code's Time Limit
- July 01, 2023New York Real Estate Law Reporter Staff
The Federal Reserve and other regulators have been focused of late on bank problems, and well they should. But concern is now spreading to commercial real estate and the possibility that interplays between CRE borrowers and lenders could, under current conditions, create a positive feedback loop that could increasingly hurt both.
July 01, 2023Erik ShermanMortgagee's Action to Vacate Tax Sale Should Not Have Been Dismissed Even Though Redemption Period Had Expired Landowner Has Right of Access Across State Lands Part Performance Exception to Statute of Frauds Inapplicable Emails Insufficient to Satisfy Statute of Frauds Statute of Limitations Does Not Bar Claim to Remove Cloud on Title Purchase Option Not Assignable Buyer Recovers Down Payment When Seller Failed to Deliver Certificate of Occupancy Nassau County's Recording Fees Held Excessive and Improper Section 265-a Authorizes Rescission of Termination Agreement Prescriptive Easement Claim Fails for Failure to Establish Hostile Use
July 01, 2023New York Real Estate Law Reporter StaffTenant's Failure to Restore Premises At End of Lease Constitutes Breach Fraud Exception to Four-Year Lookback Period Inapplicable Guaranty Clause Did Not Bind Tenant's Principal
July 01, 2023New York Real Estate Law Reporter StaffSince the 1980s, the country has been through numerous recessions and real estate crashes. Whenever these downturns or crashes occur, the distressed side of the industry, which is usually dormant until the crash occurs, rises to the challenge and mobilizes its resources to acquire, renovate, release, and sell these foreclosed and vacant properties.
July 01, 2023Joseph J. OriCan a municipality's refusal to permit expansion of a pre-existing nonconforming use constitute a federal constitutional violation?
June 01, 2023Stewart E. SterkWhen Zoning Amendment Adds Permitted Uses In Zoning District, Landowners Subject to the Ordinance Have Standing to Challenge the Amendment
June 01, 2023NYRE StaffLocal Law Prohibiting No-Cause Evictions Pre-Empted By State Law Contractual Indemnification Unenforceable Indemnification Clause Enforced Good Faith Efforts to Cure Extend Cure Period for Yellowstone Injunction
June 01, 2023NYRE StaffRecorded Mortgage Does Not Remove Title Insurance Claim From Policy Exclusion When Underlying Deed Was Not Recorded No Easement By Necessity for Parking Lawn Mowing and Driveway Plowing Suffice to Establish Adverse Possession
June 01, 2023NYRE Staff



