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Litigation

  • Adverse Possessor Provided Insufficient Evidence to Support TackingTown’s Installation of Guardrails Did Not Constitute a TakingMortgagee Entitled to Deficiency JudgmentLandowner Adequately Alleged Trespass During Renovation

    September 01, 2026New York Real Estate Law Reporter Staff
  • Condemnation Served a Public Purpose

    September 01, 2026New York Real Estate Law Reporter Staff
  • Notice of Pendency Provided Constructive Notice to Foreclosure Sale Purchaser

    September 01, 2026New York Real Estate Law Reporter Staff
  • Zoning Board Properly Construed OrdinanceNeighbors’ Open Meetings Law Challenge to Lease to Wireless Character Was UntimelyPlanning Board Not Bound to Consider Approval’s Impact on Easement or Covenant

    September 01, 2026New York Real Estate Law Reporter Staff
  • Tax Escalation Clause Does Not Entitle Landlord to Collect Additional Rent On Taxes Landlord Did Not PayGood Guy Guaranty Does Not Cover Obligations Accruing After SurrenderStipulation In Prior Proceeding Did Not Bar Use and Occupancy ClaimFlooding Was Outside the Scope of Landlord’s Responsibility

    September 01, 2026New York Real Estate Law Reporter Staff
  • Most municipalities use tax foreclosures to pay for schools, parks, police, fire protection, and a host of other public services and need enforcement measures both to collect the taxes and to incentivize others to continue paying on time, although many also sell their tax liens to obtain quicker payment of tax obligations.

    September 01, 2026Stewart E. Sterk
  • The Supreme Court recently granted certiorari in RiseandShine Corp. v. PepsiCo, Inc., a trademark dispute that presents a question with potentially significant implications for trademark litigation: whether a trademark’s inherent strength is a question of fact for a jury or a question of law for a court.

    September 01, 2026Catherine Nyarady and Crystal Parker
  • Sampling portions of preexisting songs and sound recordings in new works became common in the 1980s, with the rise of hip-hop music and the widespread availability of digital sampling technology. This article examines several 2026 court decisions involving music sampling disputes.

    September 01, 2026Stan Soocher