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We found 1,569 results for "New York Real Estate Law Reporter"...

Co-ops and Condominiums
December 01, 2023
Summary Judgment Denied In Trespass and Nuisance Claim Against Upstairs Neighbor
Local Law 18: A Change to Short-Term Rentals In New York City
November 01, 2023
On Sept. 5, 2023, the New York City Short-Term Rental Registration Law (Local Law 18) took effect which directly impacts the ability of an individual unit owner to rent his or her apartment on a short-term basis.
Development
November 01, 2023
Contract Vendee Lacks Standing to Challenge Denial of Permit Application Board's Denial of Site Plan Approval Invalidated Inadequate SEQRA Review Requires Denial of Site Plan Approval
Real Property Law
November 01, 2023
Prescriptive Easement Counterclaim Dismissed Implied Easement Claims Rejected Questions of Fact Preclude Summary Judgment on Adverse Possession Claim Broker Failed to Establish Implied Contract Questions of Fact Remained About Whether Encroachment Was De Minimus
Second Circuit Erects Barriers to Due Process When Challenging Permit Denials
October 01, 2023
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.
What Is Property for Due Process Purposes?
October 01, 2023
Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.
Landlord & Tenant Law
October 01, 2023
Questions of Fact About Whether Tenant Exercised Renewal Option Hearing Necessary to Determine Whether Landlord Can Remove Tenant to Complete Restoration Work Questions of Fact About Landlord Fraud Additional Security Deposit Constitutes Source of Income Discrimination
Real Property Law
October 01, 2023
Questions of Fact Remain About Width of Easement Transfer Invalidated As Fraudulent Transfer Cotenant's Operation of Mine Not Enjoined Homeowners Association Lacked Standing to Enforce Covenant Easement Holder Liable for Trespass After Easement Was Extinguished
Development
October 01, 2023
Site Plan Denial Overturned Claim for Encroachment Reinstated Area Variance Upheld
Co-ops and Condominiums
October 01, 2023
Condominium's Delay Constituted Acceptance of Alteration Agreement

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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