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

Co-ops and Condominiums
April 01, 2023
No Binding Contract Between COOPA and Shareholders Failure to Provide Notice of Mortgage Justifies Return of Downpayment In Foreclosure Sale
The Impact of Local Law 97
March 01, 2023
Local Law Number 97 was enacted by the City of New York to achieve reductions in greenhouse gas emissions by 2050. This is accomplished by requiring buildings to retrofit their systems with more energy efficient systems or purchase certain permitted carbon offsets.
Development
March 01, 2023
Neighbor Lacked Standing to Challenge Nonconforming Use Determination Parking Congestion Allegations Insufficient to Confer Standing Council's Approval of PUD Upheld Neighbor Had No Standing to Challenge SEQRA Determination
Landlord & Tenant Law
March 01, 2023
Issues of Fact Preclude Summary Judgment on Habitability Claim
Co-ops and Condominiums
March 01, 2023
Amendment of Bylaws Relieves Condominiums of Obligation to Use Association for Repair Services
Development
February 01, 2023
Invalid Condition on Special Permit Does Not Invalidate Permit Landmark Commission's Certificate of Appropriateness Upheld Area Variances Upheld Negative Declaration on Zoning Amendment Upheld BSA Misconstrued Curb Level Provision In Zoning Resolution
How Much Deference to Public Use Determinations?
February 01, 2023
How closely will New York courts scrutinize exercises of the eminent domain power? Until recently, courts have been quite deferential when entities clothed with eminent domain power have determined that private property is necessary for public use. Two recent decisions, however, suggest that there are limits to that deference.
Real Property Law
February 01, 2023
Tax Deed Invalid for Inadequate Notice Mistaken Description In Foreclosure Action on Neighboring Parcel Does Not Affect Landowner's Parcel
Landlord & Tenant Law
February 01, 2023
Ambiguities Prevent Summary Judgment In Action on Guaranty
Co-ops and Condominiums
February 01, 2023
Unit Owner Failed to Establish Full Title As Surviving Joint Tenant Association Denied Summary Judgment In Unit Owner's Claim Of Improper Waiver of Dues

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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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