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We found 1,589 results for "New York Real Estate Law Reporter"...

Landlord & Tenant Law
June 01, 2019
Failure to Procure Insurance Not a Curable Breach; Yellowstone Injunction Denied
Eminent Domain
June 01, 2019
Industrial Development Agency's Determination Rationally Related to Stated Public Purpose<br>Industrial Development Agency Did Not Have Authority to Condemn Land Already Used for a Public Purpose
Covenants That Run with the Land Can Be Waived
May 01, 2019
Real estate practitioners tend to think of covenants that run with the land as absolute. Another way to look at such covenants is that there are contractual in nature, and that contractual provisions can be waived or abandoned, at least by the party that benefits from them. That is what the First Department recently held in New York City Transit Auth. v 4761 Broadway Assocs., LLC.
Eminent Domain Law
May 01, 2019
No Consequential Damages When State Takes Neighbor's Land
Development
May 01, 2019
Nonconforming Use Not Discontinued<br>Developer's Rico, Estoppel, and Equal Protection Claims Dismissed<br>Denial of Area Variance Overturned
Real Property Law
May 01, 2019
Affirmative Covenant Enforceable Against Successor Developer<br>Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable
Landlord & Tenant
May 01, 2019
Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed<br>Failure of Consideration a Defense In Action Against Tenant's Guarantor
Cooperatives and Condominiums
May 01, 2019
Sponsors Not Entitled to Indemnification for Faulty Construction
Claim of Non-Purchasing Tenant Status Rebuffed
April 01, 2019
When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.
Development
April 01, 2019
Cemetery Entitled to Use Variance<br>ZBA Usurpation of Planning Board Authority<br>Statutory Factors Need to Be Considered In Denial of Area Variance

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