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We found 1,594 results for "New York Real Estate Law Reporter"...

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.
Landlord & Tenant
May 24, 2004
The latest rulings you need to know.
Index
May 24, 2004
A complete listing of everything contained in this issue.
Cooperatives & Condominiums
May 24, 2004
The latest rulings of importance to your practice.
Development
May 24, 2004
Recent rulings of importance to you and your practice.
Real Property Law
May 11, 2004
The latest rulings of importance to you and your practice.

MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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