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Cooperatives & Condominiums
July 30, 2004
Important cases for you to consider.
Development
July 30, 2004
The latest cases of importance to you and your practice.
Index
June 30, 2004
A list of everything contained in this issue, for your easy access.
Cooperatives & Condominiums
June 30, 2004
Recent rulings of importance to you and your practice.
Development
June 30, 2004
Recent cases you need to know.
The Powerful Impact of the Non-Foreclosure Notice of Pendency
June 30, 2004
RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an <i>ex parte</i> CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
Landlord & Tenant
June 30, 2004
Important rulings you need to know.
Accounting Mismatch Spins Accrual Fate for Merger Deal
June 01, 2004
Last month's edition featured a new book excerpt on resolving balance sheet issues in law firm mergers. This recent news report on Pennie &amp; Edmonds underscores the potentially extreme challenges of harmonizing disparate accounting systems.
Tort Liability of Out-of-Possession Landlords
May 24, 2004
<i>Ingargiola v. Waheguru Management, Inc.</i>, decided recently by the Second Department, revisited a question that has long engendered confusion in the New York courts: What liability does a landlord bear for personal injuries suffered in leased premises? <i>Ingargiola</i> also presented a related question: What steps can a landlord take to reduce exposure for any liability the landlord would otherwise bear? This article explores those issues.
Real Property Law
May 24, 2004
Recent rulings you need to know.

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