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We found 1,606 results for "New York Real Estate Law Reporter"...

Supreme Court Limits Impact Fees
June 01, 2024
In April, the U.S. Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies. The Court's decision may have an impact on fees New York municipalities impose on developers in lieu of developer-provided parkland.
Real Property Law
June 01, 2024
Damage Limitation Does Not Require Dismissal of Buyer's Claim When Buyer Alleges Bad Faith Easement Not Extinguished By Adverse Possession Neighbor Required to Provide License for Construction Entitled to Full Indemnity Against Claims
U.S. Supreme Court Limits Development Impact Fees
June 01, 2024
In April, the United States Supreme Court decided Sheetz v. County of El Dorado, holding that legislatively-imposed fees on development are subject to the same constitutional scrutiny as fees imposed by administrative bodies.
Landlord & Tenant Law
June 01, 2024
Landlord Did Not Accept Tenant Surrender Questions of Fact About Constructive Eviction Housing Discrimination Claim Survives Summary Judgment Motion Deregulation Claim Not Barred By Four-Year Rule
Co-ops and Condominiums
June 01, 2024
Unit Owner's Claim Against Condo Board for Inaction Survives Summary Judgment Motion
Development
June 01, 2024
Constitutionality of Boarding House Definition Town's Use of Escrow Funds Upheld Planning Board Failed to Consider Public Safety Issue Denial of Special Permit Upheld Due to Traffic Concerns Questions of Fact About Whether Agreement Included Acquisition of Air Rights Zoning Amendment Not Arbitrary Even If It Would Authorize Uses Prohibited By Restrictive Covenants
When Is A Pretext By A Municipality A Bar To Land Use Approvals?
May 01, 2024
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?
May 01, 2024
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Co-Ops and Condominiums
May 01, 2024
Housing Discrimination Claim Dismissed Co-Op Did Not Breach Shareholder's Guaranty Agreement Co-Op Not Exempt from Lead Paint Mandate
Development
May 01, 2024
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval Applicant Entitled to Permit For Small Wireless Facilities

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