Real Property Law
January 01, 2020
Statute of Limitations Did Not Bar Foreclosure Action
Nuisance Claim Arising Out of Environmental Remediation Not Barred By Statute of Limitations
Mortgage Contingency Clause Did Not Give Buyer Right to Cancel
Mortgagor Did Not Prove Damages Arising Out of RESPA Violation
Questions of Fact Preclude Summary Judgment on Whether Adverse Possession Extinguished Easement
Recent Investigation, Prosecution and Legislation Regarding Fraudulent Deeds
December 01, 2019
New York City, particularly gentrifying areas of Brooklyn, Harlem, and Washington Heights, are seeing an upsurge of deed theft. Attorneys, architects, title companies, real estate brokers, agents, contractors, developers and construction managers need to be alert to this potential issue when blocks of properties are assembled for development in these neighborhoods.
Landlord & Tenant Law
December 01, 2019
Landlord's Relet Does Not Relieve Breaching Tenant from Liability for Rent
Breaching Landlord Liable for Tenant's Expenses In Preparing Leased Space
Apartments Withdrawn from Mitchell-Lama Not Rent-Stabilized
Default Formula Does Not Constitute Penalty, and Does Not Preclude Class Certification
Real Property Law
December 01, 2019
Ambiguous Time of the Essence Notice Held Ineffective
Attorney Review Provision Permitted Cancellation of Contract
Mortgagee Entitled to Cancellatino of Erroneously Recorded Satisfaction
Co-Tenant Not Entitled to Appointment of Receiver
Co-ops and Condominiums
December 01, 2019
Fair Housing Act Claim Against Condominium Board Dismissed
Co-Op Unit Owner Entitled to Emotional Support Dog
Real Property Law
November 01, 2019
Former Owners Not Entitled to Surplus from Tax Foreclosure Sale
Joint Tenants Need Not Own Equal Interests
Fraud Action Not Premature Merely Because Truth of Representations Are the Subject of Pending Proceedings
Transferee from Incapacitated Person's Attorney-In-Fact Not A Bona Fide Purchaser
Development
November 01, 2019
Mining Prohibition Not Pre-Empted By State Law and Not In Violation of SEQRA
Dog Training Facility Not a Customary Home Occupation,br>
Landowner Not Entitled to Variance When Hardship Is Not Unique to the Parcel
ZBA Did Not Consider Statutory Variance Factors
Co-ops and Condominiums
November 01, 2019
Action Dismissed When Unit Owners Did Not Allege Wrongful Actions Outside Scope of Board Member's Duty As Board Member