No Tacking of Adverse Possession Claims
Issues of Fact Preclude Injunction Requiring Removal of Encroachments
Statute of Limitations Bars Foreclosure Claim
Permission Bars Prescriptive Easement Claim
April 01, 2018ssalkin
While the court will not have the opportunity to rule on the merits of the case, the facts relied upon by the Indiana Superior Court and the conclusions reached in rendering its decision are still instructive for practitioners drafting continuous-use provisions and advising clients on potential breaches or anticipatory breaches of such provisions.
April 01, 2018Marisa L. ByramWhat powers does the New York City Landmarks Preservation Commission have to require a building owner to maintain a mechanical clock located in the interior of a building? In Save America's Clocks, Inc. v. City of New York, New York's Appellate Division, First Department, held that the Commission had power to require maintenance of the clock, and to require public access to it.
April 01, 2018Stewart SterkQuestions of Fact Bar Summary Judgment in Condominium's Claim for Improper Alterations
Sponsor Did Not Breach Purchase Contract
Unit Owners Did Not Have Exclusive Right to Elevator ShaftApril 01, 2018ssalkinDenial of Remaining Family Member Status Upheld
Occupant Entitled to Succession Rights to Stabilized Apartment Even If Named Tenant Continued to Sign Leases After Moving Out
Tenant Entitled to Succession Rights to Rent-Controlled Apartment
Landlord Did Not Establish Use of Apartment to Facilitate Drug Trading
421-G Buildings Subject to Luxury Deregulation
Incarcerated Son Note Entitled to Succession RightsApril 01, 2018ssalkinSuit in Second Jurisdiction Is Duplicative
Mailing Rent Check While Doing Unauthorized Acts Is Not Mail FraudApril 01, 2018ssalkinWhat powers does the New York City Landmarks Preservation Commission (LPC) have to require a building owner to maintain a mechanical clock located in the interior of a building? In Save America's Clocks, Inc. v. City of New York, that issue generated a 3-2 division in the First Department, with the majority holding that the Commission had power to require maintenance of the clock, and to require public access to it.
February 01, 2018Stewart E. SterkTown Board Failed to Take 'Hard Look' at Amendment
Jurisdictional Determination from Army Corps
Developer Failed to Allege Concrete InjuryFebruary 01, 2018ssalkinFailure to Disclose Gas Tanks Does Not Constitute Contract Breach
Divestiture Agreement
Unrecorded Mortgage
CEMA SufficesFebruary 01, 2018ssalkin
