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We found 1,559 results for "New York Real Estate Law Reporter"...

Second Department Rules That Cooperative Apartment Owners' Rights Are Precarious
September 01, 2023
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.
Co-ops and Condominiums
September 01, 2023
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
Eminent Domain Law
September 01, 2023
Taking Was for a Public Purpose and Failure to Comply With Public Hearing Requirement Did Not Invalidate Taking
Development
September 01, 2023
Fact Questions About Expansion of Nonconforming Use Subdivision Improperly Classified As Type II Action Under SEQRA ZBA Entitled to Approve Permit for Building Larger Than One Depicted In Approved Site Plan
Landlord & Tenant Law
September 01, 2023
Tenant's Early Termination Entitled Landlord to Rent Questions of Fact About Landlord's Intention to Convey Leasehold to Individual
Real Property Law
September 01, 2023
Quiet Title Action Subject to Statute of Limitations Foreclosure Sale Purchasers Not Subject to Claim By Former Owners Specific Performance Denied Because Buyer Did Not Establish That It Was Ready to Close
Guaranty Law Invalidated
August 01, 2023
Consistent with the Second Circuit's opinion, the District Court in March 2023 found that the Guaranty Law, a pandemic law that was implemented to protect struggling commercial tenants and small businesses, lacked the requisite reasonability to overcome a Contract Clause challenge,
Development
August 01, 2023
Specific Performance Available for Breach of Contract to Convey Air Rights Challenge to Site Plan Approval Dismissed for Failure to Join a Necessary Party NYU's Challenge to Zoning Amendment Dismissed for Lack of Standing Town's Construction of Its Ordinance Was Irrational Condition on Special Permit Renewal Invalidated As Unreasonable
Landlord & Tenant Law
August 01, 2023
Tenant Violated the Lease By Changing Nature of the Restaurant Lease's Guaranty Clause Did Not Bind Tenant's Principal Yellowstone Injunction Denied Because Tenant Failed to Show It Was Willing and Able to Cure Defaults Loft Occupant Remains Protected By Loft Law
Real Property Law
August 01, 2023
Buyer Entitled to Return of Deposit Because Estoppel Certificates Were Inadequate City Had Authority to Extinguish Interest of Delinquent Taxpayers After Four Month Redemption Period Expires Survival Clause Includes No Expiration Date Easement Not Invalid for Fraud

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    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.
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    Although the court stressed that, by vacating certain of former NY State Assembly Speaker Sheldon Silver's counts of conviction, it was clarifying and not altering the "as opportunities arise" theory, it nevertheless emphasized that this theory requires particularity with respect to the "question or matter" that is the subject of the bribe payor and recipient's corrupt agreement.
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