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

Real Property Law
Recent rulings of importance to your practice.
County Planning Board Review and General Municipal Law Section 239-m
The right to adopt controls on the use of land in New York, although derived from the state's power, has largely devolved to local municipal governments through New York's Town Law and Village Law, and similar legislation for cities. There are areas, however, where the state still exercises control, frequently as general oversight in perceived problem areas -- coastal erosion and flood zones for example. The state also exercised its power, beginning in 1960, to allow for the creation of county-wide planning boards, to allow for the input of regional and county-wide considerations in local land use decisions.
Index
A guide to everything inside this issue, case by case.
Landlord & Tenant
All about the latest rulings.
Development
The latest cases in the Development arena.
Cooperatives & Condominiums
Recent cases of importance to your practice.
Real Property Law
The latest rulings of interest to you and your practice.
MERS and the Recording Act
In <i>Merscorp. v. Romaine</i> (<i>see</i> page 7, <i>infra</i>), Suffolk County Supreme Court was faced with a clash between the traditionally local real property recording system and the increasingly national secondary mortgage market. The County Clerk's office had refused to accept for recording instruments filed in the name of MERS (Mortgage Electronic Recording Systems, Inc.), prompting a proceeding by MERS and the operating company that owns the MERS system for a writ of mandamus compelling the County Clerk to record and index MERS instruments. The case resulted in a split decision: the County Clerk is required to record MERS mortgages, but not assignments or certificates of discharge. The court's opinion, however, reveals some misunderstanding both of the MERS system and of the recording act.
Landlord & Tenant
The latest cases.
Index
A complete list of what's inside this issue.

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    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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