In Community Housing Improvement Program v. City of New York, the United States District Court for the Eastern District of New York confronted the most recent challenge to the constitutionality of New York's Rent Stabilization Law. The court rejected all facial challenges to the statute, but allowed some as-applied challenges to proceed at least to the summary judgment stage.
Servient Owner May Not Alter Easement Located By Terms of the Grant
Referee Must Be Appointed Before Partition
Sale of Shares In Corporate Owner Did Not Trigger Right of First Refusal
City Did Not Improperly Segment Environmental Review
City Planning Commission Correctly Concluded That Tower Applications Did Not Require Special Permit
Landowner Did Not Establish Requisite Hardship for Use Variance
Rezoning Plan Upheld Against SEQRA Challenge
The Ninth Circuit Court of Appeals' recent decision in City of Portland v. Unites States significantly affects the ability of local governments to regulate the installation of so called "small cell" wireless facilities and addresses the ability of wireless providers to utilize utility poles.
MCI for New Carpeting Upheld
Tenant Breach by Making Renovation Without Permit Entitles Landlord to Possession
Issues of Fact Preclude Summary Judgment on Subtenant's Succession Defense
Neighbors Who Used Concrete Platform Adjacent to Fence Established Title By Adverse Possession
Lawyer Who Failed to Terminate Contract in Accordance With Seller's Instructions Did Not Commit Legal Malpractice
Developer Strictly Liable for Damages Caused By Excavation
Contract Vendee Who Did Not Seek Mortgage In Its Own Name Failed to Comply with Mortgage Contingency Clause
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.
