Neighbors Lack Sufficient Interest to Intervene In Modification of Restriction on Land Held for Charitable Purposes
Absence of Property Description Did Not Preclude Equitable Mortgage
City Entitled to Cancel Contract With Delinquent Former Owner When Owner Failed to Appear At Closing
Statute of Limitations Does Not Bar Continuing Nuisance Claim Against Drilling Contractor
Shareholder's Failure to Seek Relief During Cure Period Bars Preliminary Injunction
Non-Purchasing Senior Citizens Not Protected Against Eviction Upon Conversion
Occupant of Rent Stabilized Co-Op Unit Entitled to Succession Rights
At a time when the COVID-19 crisis is causing an unprecedented number of lease defaults, the recent Court of Appeals decision, The Trustees of Columbia University v D'Agostino Supermarkets, Inc., provides both guidance and warnings to attorneys asked to negotiate and litigate leasehold surrender agreements.
Stranger to the Deed Rule Does Not Bar Easement Claim
Misconduct By Mortgagor's Lawyer Voids Foreclosure Sale
Permissive Exclusive Use of Common Driveway Does Not Extinguish Easement
Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default
On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.
RPAPL 881 License Granted to Enter Neighboring Condominium Unit
Allocation of Common Expenses Upheld
Condominium Owners Have Right to Vote On Matters Involving Homeowners Association
Appointment of Receiver Upheld
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
As consumers continue to shift purchasing and consumption habits in the aftermath of the pandemic, manufacturers are increasingly reliant on third-party logistics and warehousing to ensure their products timely reach the market.
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?
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.
