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We found 1,595 results for "New York Real Estate Law Reporter"...

Do We Need A Title Theft Statute?
July 01, 2023
Recent years have seen numerous reports of what has colloquially been called "property theft" or "deed theft" in New York. The state Attorney General has championed a statute, now introduced in the state legislature, making "Property Theft" a crime. Would the statute be helpful?
Development
July 01, 2023
Court Reserves Decision Pending Further Proceedings When ZBA Produced Inadequate Findings of Fact to Support Variance Grant Landmark Designation Upheld Despite Town's Failure to Call Public Hearing Within Code's Time Limit
Real Property Law
July 01, 2023
Mortgagee's Action to Vacate Tax Sale Should Not Have Been Dismissed Even Though Redemption Period Had Expired Landowner Has Right of Access Across State Lands Part Performance Exception to Statute of Frauds Inapplicable Emails Insufficient to Satisfy Statute of Frauds Statute of Limitations Does Not Bar Claim to Remove Cloud on Title Purchase Option Not Assignable Buyer Recovers Down Payment When Seller Failed to Deliver Certificate of Occupancy Nassau County's Recording Fees Held Excessive and Improper Section 265-a Authorizes Rescission of Termination Agreement Prescriptive Easement Claim Fails for Failure to Establish Hostile Use
Landlord & Tenant Law
July 01, 2023
Tenant's Failure to Restore Premises At End of Lease Constitutes Breach Fraud Exception to Four-Year Lookback Period Inapplicable Guaranty Clause Did Not Bind Tenant's Principal
Owners Have No Constitutional Right to Expand Nonconforming Uses
June 01, 2023
Can a municipality's refusal to permit expansion of a pre-existing nonconforming use constitute a federal constitutional violation?
Development
June 01, 2023
When Zoning Amendment Adds Permitted Uses In Zoning District, Landowners Subject to the Ordinance Have Standing to Challenge the Amendment
Co-ops and Condominiums
June 01, 2023
Unit Owner's BCL 501(c) Claim Dismissed
Landlord & Tenant Law
June 01, 2023
Local Law Prohibiting No-Cause Evictions Pre-Empted By State Law Contractual Indemnification Unenforceable Indemnification Clause Enforced Good Faith Efforts to Cure Extend Cure Period for Yellowstone Injunction
Real Property Law
June 01, 2023
Recorded Mortgage Does Not Remove Title Insurance Claim From Policy Exclusion When Underlying Deed Was Not Recorded No Easement By Necessity for Parking Lawn Mowing and Driveway Plowing Suffice to Establish Adverse Possession
Municipality's Refusal to Permit Expansion of a Pre-Existing Nonconforming Use Doesn't Violate Constitution
June 01, 2023
Can a municipality's refusal to permit expansion of a pre-existing nonconforming use constitute a federal constitutional violation? The federal district court for the Eastern District of New York faced that question and awarded summary judgment to the municipality, rejecting the landowner's substantive due process and takings claims.

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