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Columns & Departments

Real Property Law Image

Real Property Law

ssalkin

Ambiguous Time of the Essence Notice Held Ineffective Attorney Review Provision Permitted Cancellation of Contract Mortgagee Entitled to Cancellatino of Erroneously Recorded Satisfaction Co-Tenant Not Entitled to Appointment of Receiver

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

ssalkin

Fair Housing Act Claim Against Condominium Board Dismissed Co-Op Unit Owner Entitled to Emotional Support Dog

Features

Kuzmich et al. v. 50 Murray Street Acquisition LLC: A Deal Gone Bad for Developers Who Helped Revitalize Lower Manhattan Image

Kuzmich et al. v. 50 Murray Street Acquisition LLC: A Deal Gone Bad for Developers Who Helped Revitalize Lower Manhattan

Alexander Lycoyannis

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

Structuring Strategies for Off-Balance-Sheet Treatment of Real Property Leases Image

Structuring Strategies for Off-Balance-Sheet Treatment of Real Property Leases

Jun Kwon

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.

Columns & Departments

Real Property Law Image

Real Property Law

Stewart Sterk

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

159 MP Corp.: Grateful That Majority Rejected Dissent's Radical Approach Image

159 MP Corp.: Grateful That Majority Rejected Dissent's Radical Approach

Howard A. Levine

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

Development Image

Development

Stewart Sterk

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

Case Notes Image

Case Notes

Janice Inman

Defense Based on Federal Law Cannot Confer Federal Jurisdiction

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

Stewart Sterk

Action Dismissed When Unit Owners Did Not Allege Wrongful Actions Outside Scope of Board Member's Duty As Board Member

Features

Changes in Lot Number: When Does a Purchaser Have a Duty to Inquire? Image

Changes in Lot Number: When Does a Purchaser Have a Duty to Inquire?

Stewart E. Sterk

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?

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