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

Preclusive Effect of an Article 78 Determination on a Subsequent Federal Section 1983 Claim
October 31, 2025
When a state court dismissed a landowner’s article 78 proceeding challenging a zoning determination, can the landowner then bring an action in federal court raising federal constitutional challenges to the same determination?
Landlord & Tenant Law
October 31, 2025
Ejectment Action Requires Six Months’ Notice Even Though Tenancy Was Month-to-MonthLandlord Claims for Lease Violation Not Barred By Prior Holdover Proceeding In Civil CourtFailure to Submit Evidence That Landlord Served Notice Precludes Summary Judgment On Ejectment ClaimLandlord Failed to Establish That Overcharge Was Not WillfulTenant Adequately Alleged That Rent Concessions Were Preferential Rents
Co-ops and Condominiums
October 31, 2025
Condominium Buyer Failed to Demonstrate Lawful Excuse for Failure to Perform
Development
October 31, 2025
Challenge to Positive SEQRA Declaration Not RipeZoning Board of Appeals Failed to Properly Apply Statutory Balancing Test for Area Variance
Real Property Law
October 31, 2025
Challenge to Tax Deed Remanded for Consideration of Constitutional IssuesBroker Not Entitled to Commission When Loan Obtained Without Broker’s InvolvementCity Can Remove Canopies Attached to Buildings Without Landowner Consent
How Savvy Real-Estate Investors Can Maximize Returns in Today’s Distressed Market
September 30, 2025
In today’s climate of rising interest rates, stretched borrower balance sheets, and starkly uneven recovery across asset classes, defaulted loans have emerged as a prime hunting ground for investors with legal acumen. Capturing this opportunity requires more than a blunt foreclosure “hammer” — it demands a surgical enforcement playbook.
Real Property Law
September 30, 2025
Town Did Not Obtain Prescriptive Easement to Discharges Stormwater Over Neighboring Land -Adverse Possession Claim Rejected Because Use Was Permissive -No Injunction Against State for Failure to Stop Neighbor’s Unauthorized Use of State Property -Foreclosing Lender Entitled to Second Opportunity to Establish Fair Market Value In Attempt To Recover Deficiency Judgment -Offer to Purchase Does Not Negate Hostility Requirement for Establishing Adverse Possession
Development
September 30, 2025
Variance Annulled For Failure to Make Findings of Fact -Variance Denial Upheld When Owner’s Hardship Was Self-Created
Co-ops and Condominiums
September 30, 2025
Shareholder’s Easement By Necessity Claim Reinstated
Landlord & Tenant Law
September 30, 2025
Class Certification Upheld On Habitablity Claim -Colorable Claim of Fraud Justifies Looking Back Past Four Years -Tenant Entitled to Return of Deposit Because Lease Was Illegal

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