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

Enforcing Conservation Easements
June 30, 2025
In Peconic Land Trust, Inc. v Salvatore, the Second Department affirmed the Motion Court’s grant of summary judgment upholding the notice provisions in a conservation easement and held that the landowner’s failure to notify the land trust before they cut down trees that were protected by that conservation easement was a material violation of the easement. The Second Department affirmed Justice Pastoressa’s decision and held that the land trust was entitled to judgment “compelling the restoration of the [protected] property to the condition that existed prior to such violation.”
Development
June 30, 2025
Denial of Variances and Special Permit Upheld
Co-ops and Condominiums
June 30, 2025
Evidence Establishes Intent to Create Joint Tenancy
Landlord & Tenant Law
June 30, 2025
Reliance Not Necessary to Establish Fraud Exception to Four-Year Lookback PeriodGuaranty Survives Lease Modification
Real Property Law
June 30, 2025
Easement By Prescription Claim Upheld; Easement By Necessity Claim DismissedEasement By Necessity to Obtain Access to Crawl SpaceImplied Easement Based on Pre-Existing UseConstructive Trust Over Half Interest In PropertyAdverse Possession of Beachfront Land
The Substantial Burden Inquiry In RLUIPA Cases Is a Question of Law
May 31, 2025
Over the last 25 years, since its adoption by Congress in 2000, the Religious Land Use and Institutionalized Persons Act (RLUIPA) has been the subject of much litigation, when religious organization have tried to establish uses otherwise inconsistent with local zoning. Significantly, the issues the courts have dealt with are whether the denial of a religious use at a specific location places a substantial burden on religious observance, or if the denial of such a use in a specific location is a proper exercise of government authority. Further, another question often addressed is whether there are potentially other nearby properties where the religious use might reasonably locate.
Landlord & Tenant Law
May 31, 2025
Defense Due To DHCR’s Refusal to Correct Registration Mistake; Tenant’s Breach of Contract Claim Survives Motion to Dismiss; Acceptance of Surrender Does Not Relieve Tenant of Liability for Damages
Real Property Law
May 31, 2025
Mutual Mistake About Ownership Does Not Defeat Cotenant’s Adverse Possession Claim; Servient Owner’s Laches Defense Reinstated In Easement Dispute; Constructive Notice Precludes Village’s Claim to Be Free of State’s Unrecorded Easement; Complaint Does Not Support Claim That Deed Was Forged
Law Firm Leasing Boomed During Q1 of 2025
May 31, 2025
Law firm leasing boomed during the first quarter of 2025, with double the volume during the same period of 2024, and 68.8% of firms chose to stay in place, a significant increase from recent years.
Co-ops and Condominiums
May 31, 2025
Co-Op Entitled to Withhold Consent to Sublet; Unit Owner Lacks Standing to Challenge Another Owner’s Parking Practices; Fair Housing Act Challenge Dismissed

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