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We found 1,569 results for "New York Real Estate Law Reporter"...

Co-ops and Condominiums
August 01, 2024
Condominium Purchaser Was On Inquiry Notice of Unrecorded Easement Condominium Board May Not Depart from Declaration's Funding Provisions Failure to Make Repairs Does Not Excuse Failure to Pay Common Charges
Landlord & Tenant Law
August 01, 2024
Notice Sufficient In Action to Eject Occupant Lease's Taking Clause Excuses Tenant from Payment of Rent<br Village's ETPA Resolution Upheld Landlord's Delay In Providing Itemized Statement Precludes Landlord from Retaining Any Portion of Security Deposit Assignee Liable for Breach of Lease Constructive Eviction and Warranty of Habitability Defenses Rejected
Real Property Law
August 01, 2024
Tenants In Common Failed to Establish Claim of Right Element of Adverse Possession Claim Questions of Fact About Adverse Possession Claim
Development
August 01, 2024
Challenge to Site Plan Approval Dismissed for Failure to Exhaust Administrative Remedies Area Variance Upheld
LJN Quarterly Update: 2024 Q2
July 24, 2024
The LJN Quarterly Update highlights some of the articles from the nine LJN Newsletters titles over the quarter. Articles include in-depth analysis and insights from lawyers and other practice area experts.
Landlord Liable for Retaliating Against Maker of False Discrimination Claim
July 01, 2024
What responses are available to a landlord after a false claim of discrimination? The Court of Appeals faced that issue and held that a landlord may not seek to recover the damages it has suffered as a result of a false discrimination claim, so long as the claim was made in good faith.
Development
July 01, 2024
ZBA Adequately Explains Reversal of Condition Imposed on Variance Mandamus Does Not Lie to Compel Change In Zoning Designation
Real Property Law
July 01, 2024
No Release of Escrow When Questions of Fact Remain About Breach Questions of Fact Remain About Delay In Enforcing Easements Merger Doctrine Bars Buyer's Breach of Contract Claim Partition Claim Premature Without Judicial Investigation Reciprocal Easement Requires Cost-Sharing Secretary of State Not Required to Adopt Inspection Regulations
Landlord & Tenant Law
July 01, 2024
Landlord Not Entitled To Lock Out Subtenant Landlord Did Not Release Tenant from Rent Obligation Allowable Rent Increases Permitted Luxury Decontrol
Co-ops and Condominiums
July 01, 2024
Sale of Unit Did Not Extinguish Liability for Common Charges

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    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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