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

NY Appellate Courts Defer to Board of Standards In Zoning Cases
October 01, 2021
A recent case in New York's First Department highlights the extreme deference appellate courts accord Board of Standards and Appeals (BSA) determinations interpreting the extraordinarily complex zoning scheme.
Development
October 01, 2021
Planning Board Took Requisite Hard Look Under SEQRA Denial of Special Use Permit Upheld
Eminent Domain
October 01, 2021
Condemnation Invalid for Failure to Establish Public Purpose
Landlord & Tenant Law
October 01, 2021
Yellowstone Injunction Denied for Failure to Move on Time
Co-ops and Condominiums
October 01, 2021
Residential Owners Have Claim for Inadequate Quality of Hotel Unit
Migrating Businesses Help Grow South Florida CRE Market Despite, and Because of, the Pandemic
October 01, 2021
The South Florida office market has seen a shift due to COVID, with some downsizing and modifications of office buildings, but the influx of new potential tenants has helped mitigate any potential downsides other markets may have seen.
Federal Class Action Available for Delay In Recording Mortgage Satisfaction
September 01, 2021
Because the Second Circuit held that a bare violation of New York's Mortgage-Satisfaction-Recording Statutes without a demonstration of actual injury conferred federal jurisdiction, a mortgagor now has the ability to bring a class action in federal court.
Landlord & Tenant Law
September 01, 2021
Tenant Did Not Establish Fraud to Warrant Application of DHCR's Default Formula Four-Year Lookback Rule Applied to Rent Determinations But Not to Determination of Rent-Stabilized Status Tenant's Impossibility and Frustration of Purpose Defenses Rejected Tenant's Frustration of Purpose Claim Survives Neutral Appraiser Entitled to Examine Previous Appraisals
Real Property Law
September 01, 2021
Exclusion for Zoning Regulations Bars Title Insurance Claim Transfer of Residential Properties Not a Fraudulent Transfer Property Owner on Constructive Notice of City's Relocation Lien Fraudulent Transfer Finding Upheld
Co-ops and Condominiums
September 01, 2021
Summary Judgment Premature on Discrimination Claim Defect In Recording Insufficient to Defeat Mortgage Priority

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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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