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Columns & Departments
Public Purpose Challenge to Condemnation Rejected
Features
After the last few years, a challenge for commercial real estate is knowing when to start investing again. Have markets hit bottom? Still, sinking down? The Federal Reserve cut rates by 50 basis points in September. Will they come down further? There's no guaranteed timing for investment success, but a recent Oxford Economics report suggests a window of opportunity that will be a good time to buy.
Columns & Departments
Charges for Keys Constituted Reduction In Service
Features
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
Columns & Departments
Holdover Tenant Liable for Breach of Covenant Landlord's Acceptance of Rent for 20 Years Waived Right to Challenge Tenancy and to Prevent Exercise of Options to Renew DHCR's Decision Destabilitzing Apartment Upheld
Columns & Departments
Scope of Easement Included Right to Install Seasonal Dock No Easement By Necessity But Questions of Fact Remained About Prescription Claim Questions of Fact Remain About Effects of Drilling On Neighboring Parcel Condominium Not Entitled To Summary Judgment On Neighbor's Claim for Negligent Maintenance of Water Main
Columns & Departments
Fraudulent Conveyance Claim Against Sponsor Avoids Dismissal Unit Owner's Appropriation of Common Area Constitutes Continuous Trespass Not Barred By Statute of Limitations
Columns & Departments
Environmental Group Had Standing to Challenge Permit Town Could Not Deny Special Permit On Ground That Unit Owner Had Failed to Show Reasonable Need for Proposed Facility
Features
In ultimately rejecting the plaintiff's claim that the apartment buyers could be responsible for the condominium developer's breach of a contract recorded as part of the condominium's declaration, the court illustrated some important points about how contracts can run with the land, or otherwise impose liability on real estate buyers.
Features
The court reasoned that the landlord's affidavit, together with the exhibits established prima facie proof that the tenant had been illegally using the premises and had acquiesced thereto.
