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We found 1,574 results for "New York Real Estate Law Reporter"...

Real Property Law
March 01, 2024
No Adverse Possession Because Possessor Had No Reasonable Basis for Belief Quiet Title Claim Dismissed When Claimant's Deed Was the Product of Scrivener's Error Action to Remove Cloud On Title Not Barred By Statute of Limitations Obstruction of View Not a Nuisance Unrecorded Easement Binding On Servient Owner With Actual Notice Nominal Damages Available for De Minimis Encroachment
The Stranger to the Deed Rule
February 01, 2024
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.
Real Property Law
February 01, 2024
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
Landlord & Tenant Law
February 01, 2024
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
Co-ops and Condominiums
February 01, 2024
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
Eminent Domain Law
February 01, 2024
Condemnees Challenge to Notice and Public Purpose Rejected Condemnation Was Within Agency's Authority
RLUIPA Claim Is Ripe for Judicial Review When Zoning Board Failed to Hear Appeal
January 01, 2024
In a reversal of the District Court, the Second Circuit Court of Appeals found that the failure of a local Zoning Board of Appeals to hold a hearing on an appeal from the determination of the building inspector, constituted a final determination that was ripe for judicial review.
Real Property Law
January 01, 2024
Forgery Claim Not Barred By Statute of Limitations, Laches, or Equitable Estoppel Recorded Easement Was Abandoned No Easement By Implication Where Parcel Had Water Access from a Different Lot
Landlord & Tenant Law
January 01, 2024
Settlement Agreement Did Not Terminate Guarantor's Obligation Tenant Failed to Raise Question of Fact About Whether Building Contained Six or More Units and Was Therefore Subject to Rent Stabilization Landlord Not Entitled to Future Rent from Tenant While Also Enjoying Possession Guarantor Not Liable for Use and Occupancy
Co-ops and Condominiums
January 01, 2024
Tortious Interference Claim Dismissed

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