Columns & Departments
Real Property Law
Open Use of Driveway Provides Constructive Notice of Unrecorded Easement Subsequent Purchaser Qualifies As Bona Fide Purchaser Despite Notice of Prior Purchaser's Appeal Notice of Pendency Not a Substitute for Recording Defect In Original Foreclosure Precludes Reforeclosure Sellers Who Paid Tax Are Entitled to Refund of Overpayment Easement Holder Has Right to Erect Dock
Features

Can ChatGPT Take the Place of Real Estate Lawyers?
While we marvel at the myriad applications of ChatGPT, it's important to note that this newly introduced tool has nuances which can create problems if misunderstood — especially when attempting to produce legal documents or legal advice in real estate transactions.
Columns & Departments
Landlord & Tenant Law
Issues of Fact Preclude Summary Judgment on Habitability Claim
Features

The Impact of Fed Rate Hikes on CRE Financing
When experiencing pain, the natural human response is to ask when it might stop. That is what commercial real estate, among other industries, have been doing. When will inflation end and the Federal Reserve stop hiking rates?
Features

Rights of Tenant to Security Deposit When Landlord Files for Bankruptcy
As we debate whether there will be a "soft" or "hard" landing of the economy and the resulting effect of different landings on the volume of bankruptcy filings, it is helpful to review how a bankruptcy filing affects not only rights between a creditor and the debtor, but also the respective rights of creditors against property held by the debtor.
Columns & Departments
Co-ops and Condominiums
Amendment of Bylaws Relieves Condominiums of Obligation to Use Association for Repair Services
Features

Crypto Collapse Gives View of 'Property' Values In the Metaverse
Before CRE owners and operators create that experiential virtual shopping mall or virtual office on a metaverse platform for their tenants, they need to make sure the tenants won't decide that the virtual experience is so good that they no longer have any use for the built portfolio.
Columns & Departments
Development
Invalid Condition on Special Permit Does Not Invalidate Permit Landmark Commission's Certificate of Appropriateness Upheld Area Variances Upheld Negative Declaration on Zoning Amendment Upheld BSA Misconstrued Curb Level Provision In Zoning Resolution
Features

How Much Deference to Public Use Determinations?
How closely will New York courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.
Columns & Departments
Real Property Law
Tax Deed Invalid for Inadequate Notice Mistaken Description In Foreclosure Action on Neighboring Parcel Does Not Affect Landowner's Parcel
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