When the City of New York sells property subject to statutorily authorized conditions, what language in the deed is necessary to ensure that the conditions bind subsequent purchasers? That question confronted the Court of Appeals in <i>328 Owners Corp. v. 300 West 86 Oaks Corp</i>. (NYLJ 4/4/07, p. 18, col. 1), in which the Court of Appeals held that successor purchasers were bound by deed language restricting the original purchaser to use of the property for rehabilitation or conservation of the existing building or construction of one to four unit dwellings.
Ontario was the first province in Canada to adopt a UCC Article 9 type registration system called the '<i>Personal Property Security Act</i>' or PPSA. During the early 1990s, Ontario refreshed its legislation, and other Canadian provinces soon followed with their own acts that were modeled on but not the same as the Ontario PPSA. As with any legislation, certain changes made by other provinces turned out to be superior to the act that it modeled.
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
