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Real Property Law

New York Real Estate Law Reporter Staff

Questions of Fact Remain About Width of Easement Transfer Invalidated As Fraudulent Transfer Cotenant's Operation of Mine Not Enjoined Homeowners Association Lacked Standing to Enforce Covenant Easement Holder Liable for Trespass After Easement Was Extinguished

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable court filings in entertainment law.

Features

Second Circuit: Notes Issued from Syndicated Loan Transaction Are Not Securities Under 'Reves' Test Image

Second Circuit: Notes Issued from Syndicated Loan Transaction Are Not Securities Under 'Reves' Test

Francis J. Lawall & Marcy J. McLaughlin Smith

In an important recent decision, the U.S. Court of Appeals for the Second Circuit reviewed a $1.7 billion syndicated loan and provided a helpful analytical framework for determining whether applicable securities laws were called into play.

Columns & Departments

Development Image

Development

New York Real Estate Law Reporter Staff

Site Plan Denial Overturned Claim for Encroachment Reinstated Area Variance Upheld

Columns & Departments

Players On the Move Image

Players On the Move

Entertainment Law & Finance Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Features

Bankruptcy Court Rules Contract to Produce Documentary Was Not a Personal Services Contract Image

Bankruptcy Court Rules Contract to Produce Documentary Was Not a Personal Services Contract

Andrew C. Kassner & Joseph N. Argentina Jr.

Bankruptcy courts continue to adjudicate disputes regarding Section 365 of the Bankruptcy Code, which addresses the disposition of executory contracts between the debtor and third parties. And we continue to report on developments in this area. Often the issue involves whether the contract is an executory contract that is subject to being assumed and assigned.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Condominium's Delay Constituted Acceptance of Alteration Agreement

Features

Second Department Rules That Cooperative Apartment Owners' Rights Are Precarious Image

Second Department Rules That Cooperative Apartment Owners' Rights Are Precarious

Paul Golden

On June 14, 2023, the Second Department decided Walsh v Ocwen Loan Servicing. The court, with little fanfare, appeared to rule that cooperative apartment owners are saddled with an unavoidable risk of loss. That is, if a lender alleges that the owners have defaulted, and then conducts a nonjudicial foreclosure sale, the former owners are left with few remedies.

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Co-Op Purchaser Not Entitled to Cancel Contract Stipulation of Settlement Did Not Foreclose Warranty of Habitability Claim Questions of Fact About Mitchell-Lama Succession Rights

Columns & Departments

Eminent Domain Law Image

Eminent Domain Law

New York Real Estate Law Reporter Staff

Taking Was for a Public Purpose and Failure to Comply With Public Hearing Requirement Did Not Invalidate Taking

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