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Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss Image

Court Rules Mere Conduit Defense Not Suitable for a Motion to Dismiss

Daniel A. Lowenthal

At the motion to dismiss stage, courts usually won't consider affirmative defenses. This issue arose recently in a preferential transfer case, where a defendant sought to dismiss a complaint by arguing it was a mere conduit, not an initial transferee.

Features

Individual Liability of Condominium Sponsor's Principals Image

Individual Liability of Condominium Sponsor's Principals

Stewart E. Sterk

When are the principals of a condominium sponsor individually liable for harms suffered by purchasers? In Board of Managers of 570 Broome Condominium, the First Department declined to dismiss a condominium board's fraud and breach of fiduciary claims against individual defendants.

Features

Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor Image

Second Circuit Reinforces Bankruptcy Code Settlement Payment Safe Harbor

Michael L. Cook

The Second Circuit affirmed the lower courts' judgment that a "transfer made … in connection with a securities contract … by a qualifying financial institution" was entitled "to the protection of ... §546 (e)'s safe harbor ...."

Features

Real Property Sale Proceeds Must Be Paid First to Unavoided Portion of IRS Tax Lien Image

Real Property Sale Proceeds Must Be Paid First to Unavoided Portion of IRS Tax Lien

Andrew C. Kassner & Joseph N. Argentina Jr.

Given the downward pressure on commercial real estate valuations in many areas, and the increasing likelihood that owners of real property will cease paying real property taxes when there is no longer any equity, we decided to report on a recent decision issued by the Ninth Circuit that reversed a decision of the bankruptcy court allocating the distribution of the proceeds of a sale of real property pro rata between the IRS, on account of its tax lien, and the bankruptcy estate.

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Scouting Organization's Adverse Possession Claim Against County Land Fails Easement Not Subject to Termination Under RPAPL 1951 Doctrine of Emblements Might Sustain Former Tenant's Claim to Crops Church Property Tax Exempt Because Town Did Not Establish Zoning Violation

Features

Ninth Circuit, Texas Supreme Court Weigh in On Live Nation Litigations Image

Ninth Circuit, Texas Supreme Court Weigh in On Live Nation Litigations

Avalon Zoppo & Adolfo Pesquera

The U.S. Court of Appeals for the Ninth Circuit called Live Nation Entertainment Inc.'s requirement of new procedures for mass arbitration claims unenforceable and rejected the company's bid to keep a proposed class action lawsuit alleging inflated ticket prices out of court.

Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

Landowner Did Not Establish Nonconforming Use Protection Zoning Board of Appeals Misconstrued Town Code Definition NYU Has Standing to Challenge Zoning Amendment

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable recent court filings in entertainment law.

Features

J&J's Bankruptcy Vote Has Some Claimants' Lawyers Calling for a Recount Image

J&J's Bankruptcy Vote Has Some Claimants' Lawyers Calling for a Recount

Amanda Bronstad

The presidential vote is just a few days away, but the ballots in Johnson & Johnson's talc bankruptcy have lawyers already asking for a recount. At an Oct. 21 hearing, lawyers for thousands of talcum powder claimants clamored to crack open the confidential vote tabulation behind J&J's $9 billion prepackaged bankruptcy plan.

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

New York Real Estate Law Reporter Staff

Public Purpose Challenge to Condemnation Rejected

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