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