• The Stranger to the Deed Rule

    Stewart E. Sterk

    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.

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  • Columns & Departments

    Real Property Law

    New York Real Estate Law Reporter Staff

    Developer Has Obligation to Protect Neighboring Structures Even If They Do Not Abut Developer’s Parcel
    Attorney’s Fees May Be Available to Neighbor Who Negotiates License for the Purpose of New Construction
    Abuse of Power of Attorney Renders Deeds Invalid

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  • Columns & Departments

    Landlord & Tenant Law

    New York Real Estate Law Reporter Staff

    No Wrongful Eviction Even Though Judgment of Eviction Was Reversed on Appeal
    No Vested Right In MCI Increases
    Executive Order 202.8 Does Not Apply to Tenant Who Voluntarily Vacated

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  • Columns & Departments

    Co-ops and Condominiums

    New York Real Estate Law Reporter Staff

    Questions of Fact Preclude Summary Judgment on Unit Owner’s Right to Exclusive Use of Outdoor Space
    Condominium Election Inconsistent With Bylaws
    Challenge to Rental Restrictions Dismissed As Time-Barred

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  • Columns & Departments

    Eminent Domain Law

    New York Real Estate Law Reporter Staff

    Condemnees Challenge to Notice and Public Purpose Rejected
    Condemnation Was Within Agency’s Authority

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