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Litigation

  • Mortgagee's Action to Vacate Tax Sale Should Not Have Been Dismissed Even Though Redemption Period Had Expired Landowner Has Right of Access Across State Lands Part Performance Exception to Statute of Frauds Inapplicable Emails Insufficient to Satisfy Statute of Frauds Statute of Limitations Does Not Bar Claim to Remove Cloud on Title Purchase Option Not Assignable Buyer Recovers Down Payment When Seller Failed to Deliver Certificate of Occupancy Nassau County's Recording Fees Held Excessive and Improper Section 265-a Authorizes Rescission of Termination Agreement Prescriptive Easement Claim Fails for Failure to Establish Hostile Use

    July 01, 2023New York Real Estate Law Reporter Staff
  • Tenant's Failure to Restore Premises At End of Lease Constitutes Breach Fraud Exception to Four-Year Lookback Period Inapplicable Guaranty Clause Did Not Bind Tenant's Principal

    July 01, 2023New York Real Estate Law Reporter Staff
  • Since the 1980s, the country has been through numerous recessions and real estate crashes. Whenever these downturns or crashes occur, the distressed side of the industry, which is usually dormant until the crash occurs, rises to the challenge and mobilizes its resources to acquire, renovate, release, and sell these foreclosed and vacant properties.

    July 01, 2023Joseph J. Ori
  • Federal Circuit Examines the Analogous Art Test Federal Circuit Affirms PTAB's Finding of Prior Invention

    July 01, 2023Jeff Ginsberg and J. Jay Cho
  • When Zoning Amendment Adds Permitted Uses In Zoning District, Landowners Subject to the Ordinance Have Standing to Challenge the Amendment

    June 01, 2023NYRE Staff
  • Local Law Prohibiting No-Cause Evictions Pre-Empted By State Law Contractual Indemnification Unenforceable Indemnification Clause Enforced Good Faith Efforts to Cure Extend Cure Period for Yellowstone Injunction

    June 01, 2023NYRE Staff
  • Recorded Mortgage Does Not Remove Title Insurance Claim From Policy Exclusion When Underlying Deed Was Not Recorded No Easement By Necessity for Parking Lawn Mowing and Driveway Plowing Suffice to Establish Adverse Possession

    June 01, 2023NYRE Staff
  • IP experts weigh in on a case involving AI-created images based on an original work. The outcome of the case may have a significant impact on AI development and generative art.

    June 01, 2023Isha Marathe