We found 1,584 results for "New York Real Estate Law Reporter"...
Relocating Easements By Servient Owner
July 31, 2025
Under what circumstances can a servient owner relocate an easement? New York's Second Department recently faced that question and reaffirmed the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.
Relocating Easements
July 31, 2025
Under what circumstances can a servient owner relocate an easement? The Second Department recently faced that question and reaffirmed the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.
Real Property Law
July 31, 2025
Claim That an Heir Executed Void Deed to Herself Not Barred By Statute of LimitationsAnticipatory Breach of Sale ContractInvalidation of Foreclosure Judgment Did Not Impair Title of Foreclosure Sale PurchaserEasement By Prescription Claim Fails, But Easement Acquired By Estoppel
Development
July 31, 2025
Denial of Special Permit Lacked Rational BasisChallenge to ZBA Determination Not Time-Barred
Landlord & Tenant Law
July 31, 2025
Questions of Fact Preclude Summary Judgment on High-Rent DeregulationAlterations That Do Not Injure Reversion Do Not Constitute Breach, Despite Lease Language to the ContraryRes Judicata Does Not Bar Landlord’s Claim for Rent Arrears
Co-ops and Condominiums
July 31, 2025
Liquidated Damages Provision Not Disproportionate to Probable Loss
Enforcing Conservation Easements
June 30, 2025
In Peconic Land Trust, Inc. v Salvatore, the Second Department affirmed the Motion Court’s grant of summary judgment upholding the notice provisions in a conservation easement and held that the landowner’s failure to notify the land trust before they cut down trees that were protected by that conservation easement was a material violation of the easement. The Second Department affirmed Justice Pastoressa’s decision and held that the land trust was entitled to judgment “compelling the restoration of the [protected] property to the condition that existed prior to such violation.”
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