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Columns & Departments
Fair Housing Act Claim Against Condominium Board Dismissed Co-Op Unit Owner Entitled to Emotional Support Dog
Features
In Kuzmich et al. v 50 Murray Street Acquisition LLC, the Court of Appeals held that apartments in buildings receiving tax benefits under Real Property Tax Law (RPTL §421-g) are not eligible for luxury deregulation under the Rent Stabilization Law (RSL), unlike most other rent-stabilized apartments.
Features
The Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.
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Former Owners Not Entitled to Surplus from Tax Foreclosure Sale Joint Tenants Need Not Own Equal Interests Fraud Action Not Premature Merely Because Truth of Representations Are the Subject of Pending Proceedings Transferee from Incapacitated Person's Attorney-In-Fact Not A Bona Fide Purchaser
Features
Further comment and analysis is warranted on the three-judge dissent, which, if adopted by the majority, would have fundamentally altered the very foundation of New York contract law.
Columns & Departments
Mining Prohibition Not Pre-Empted By State Law and Not In Violation of SEQRA Dog Training Facility Not a Customary Home Occupation,br> Landowner Not Entitled to Variance When Hardship Is Not Unique to the Parcel ZBA Did Not Consider Statutory Variance Factors
Columns & Departments
Defense Based on Federal Law Cannot Confer Federal Jurisdiction
Columns & Departments
Action Dismissed When Unit Owners Did Not Allege Wrongful Actions Outside Scope of Board Member's Duty As Board Member
Features
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?
Columns & Departments
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