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We found 1,574 results for "New York Real Estate Law Reporter"...

Landlord & Tenant Law
June 30, 2025
Reliance Not Necessary to Establish Fraud Exception to Four-Year Lookback PeriodGuaranty Survives Lease Modification
Real Property Law
June 30, 2025
Easement By Prescription Claim Upheld; Easement By Necessity Claim DismissedEasement By Necessity to Obtain Access to Crawl SpaceImplied Easement Based on Pre-Existing UseConstructive Trust Over Half Interest In PropertyAdverse Possession of Beachfront Land
The Substantial Burden Inquiry In RLUIPA Cases Is a Question of Law
May 31, 2025
Over the last 25 years, since its adoption by Congress in 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has been the subject of much litigation, when religious organization have tried to establish uses otherwise inconsistent with local zoning. Significantly, the issues the courts have dealt with are whether the denial of a religious use at a specific location places a substantial burden on religious observance, or if the denial of such a use in a specific location is a proper exercise of government authority. Further, another question often addressed is whether there are potentially other nearby properties where the religious use might reasonably locate.
Landlord & Tenant Law
May 31, 2025
Defense Due To DHCR’s Refusal to Correct Registration Mistake; Tenant’s Breach of Contract Claim Survives Motion to Dismiss; Acceptance of Surrender Does Not Relieve Tenant of Liability for Damages
Real Property Law
May 31, 2025
Mutual Mistake About Ownership Does Not Defeat Cotenant’s Adverse Possession Claim; Servient Owner’s Laches Defense Reinstated In Easement Dispute; Constructive Notice Precludes Village’s Claim to Be Free of State’s Unrecorded Easement; Complaint Does Not Support Claim That Deed Was Forged
Law Firm Leasing Boomed During Q1 of 2025
May 31, 2025
Law firm leasing boomed during the first quarter of 2025, with double the volume during the same period of 2024, and 68.8% of firms chose to stay in place, a significant increase from recent years.
Co-ops and Condominiums
May 31, 2025
Co-Op Entitled to Withhold Consent to Sublet; Unit Owner Lacks Standing to Challenge Another Owner’s Parking Practices; Fair Housing Act Challenge Dismissed
Real Property Law
April 30, 2025
City Holds Easement to Property Sold At Tax ForeclosureNo Summary Judgment on Adverse Possession Claim Against Town Land Absent Proof That Town Established Property As a Public Street
Development
April 30, 2025
Selective Enforcement Claim Against Town DismissedPlanning Board Had Authority to Relieve Owner from Subdivision ProhibitionState Law Did Not Pre-Empt ZBA Authority to Deny Natural Resources Special Permit
Co-ops and Condominiums
April 30, 2025
Board Lacked Authority to Mandate Replacement of In-Unit WindowsLiquidated Damages Provision for Construction Delay Did Not Constitute Unenforceable Penalty

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