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We found 1,559 results for "New York Real Estate Law Reporter"...

Eminent Domain Law
September 01, 2022
Claimants Failed to Establish That Property Would Have Been Rezoned Increased Award Proper Where Prior Regulation Might Have Constituted a Taking
CRE Case Roundup
September 01, 2022
A compilation of commercial real estate rulings in courts across the country.
Removing Restrictive Covenants
August 01, 2022
In Rockwell v. Despart, the Third Department recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Eminent Domain Law
August 01, 2022
Adjustment for Condemnation Blight Overturned Current Use Constitutes Highest and Best Use
Real Property Law
August 01, 2022
Partner Had Authority to Sell Tenancy In Common Property Title Report Put Subsequent Lender on Inquiry Notice of Prior Mortgage Administrator Did Not Breach Covenant Against Grantor's Acts Co-Tenant Establishes Title By Adverse Possession
Removing Restrictive Covenants In New York
August 01, 2022
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Development
August 01, 2022
Denial of Area Variance Upheld Enactment of Historic Preservation Law Did Not Require Hearings
Co-ops and Condominiums
August 01, 2022
Shareholder Not Entitled to Withhold Maintenance Payments for Habitability Breach
Landlord & Tenant Law
August 01, 2022
Class Certification Appropriate for Claim of Improper Deregulation
When Do COVID-19 Shutdown Orders Excuse Lease Guarantors?
July 01, 2022
Section 22-1005 of the New York City Administrative Code provides relief for individuals who guaranteed commercial leases when the tenant defaulted as a result of government orders issued during the early days of the COVID-19 pandemic. In recent months, however, litigation has emerged about the scope of that relief.

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  • The Stranger to the Deed Rule
    In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
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