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Features
Under what circumstances can a servient owner relocate an easement? The Second Department recently faced that question and reaffirmed the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.
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Claim That an Heir Executed Void Deed to Herself Not Barred By Statute of LimitationsAnticipatory Breach of Sale ContractInvalidation of Foreclosure Judgment Did Not Impair Title of Foreclosure Sale PurchaserEasement By Prescription Claim Fails, But Easement Acquired By Estoppel
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Denial of Special Permit Lacked Rational BasisChallenge to ZBA Determination Not Time-Barred
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Questions of Fact Preclude Summary Judgment on High-Rent DeregulationAlterations That Do Not Injure Reversion Do Not Constitute Breach, Despite Lease Language to the ContraryRes Judicata Does Not Bar Landlord’s Claim for Rent Arrears
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Claimant Not Entitled to Damages for Loss of Setback
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Liquidated Damages Provision Not Disproportionate to Probable Loss