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

What Happens to Surplus Funds in Tax Lien Foreclosures?
September 01, 2020
When a sale follows a municipality's foreclosure on a tax lien, who is entitled to sale proceeds that exceed the amount of the tax lien?
Landlord & Tenant Law
September 01, 2020
Landlord Did Not Waive No-Assignment Provision Lease Renewal Option Unenforceable In the Absence of a Rent Term Issues of Fact Remain About Landlord Tampering Recertification Process Landlord Must Accept Security Deposit Vouchers from Human Resources Administration Loft Unit Subject to Rent Regulation, But Four-Year Lookback Period Applies Tenant Engaged In Illegal Short-Term Rentals
Real Property Law
September 01, 2020
Questions of Fact Remain About Whether Subsequent Mortgagee Had Actual Notice of Improperly Recorded Mortgage Inadequate Proof to Establish Title By Adverse Possession Discontinuance of Earlier Foreclosure Action Did Not Toll Statute of Limitations Contract Vendee Adequately Alleged Improper Rescission By Seller Subsequent Purchaser Proteced Against Deed to Lender
Development
September 01, 2020
Landowner Had Vested Right to Mine Parcel
Eminent Domain Law
September 01, 2020
Claimant Must Repay Advance Payment When Judgment Determines That Value Was Smaller Than Advance
Court of Appeals Upholds Pipeline Condemnation
August 01, 2020
This article focuses on a recent decision upholding a pipeline developer's exercise of eminent domain under New York law in National Fuel Gas Supply Corp. v. Schueckler.
Eminent Domain Law
August 01, 2020
Condemnee Entitled to Consequential Damages To Contiguous Parcel Valuation for Prospective Use Rejected
Landlord & Tenant Law
August 01, 2020
Statute of Frauds Bars Lease Claim Buildings Constitute Horizontal Multiple Dwelling No Agreement to Renew No Wrongful Eviction When Subtenant Remains On Premises
Real Property Law
August 01, 2020
Alleged Title Defect Did Not Excuse Failure to Close Statute of Limitations Bars Foreclosure Claim Statute of Limitations Did Not Extinguish Mortgage
Co-ops and Condominiums
August 01, 2020
Shareholder Did Not Breach Proprietary Lease

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  • The Article 8 Opt In
    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.
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  • The Anti-Assignment Override Provisions
    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?
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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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