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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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  • Navigating the Attorney-Client Privilege and Work Product Doctrine in Bankruptcy
    When a company declares bankruptcy, avoidance actions under Chapter 5 of the Bankruptcy Code can assist in securing extra cash for the debtor's dwindling estate. When a debtor-in-possession does not pursue these claims, creditors' committees often seek the bankruptcy court's authorization to pursue them on behalf of the estate. Once granted such authorization through a “standing order,” a creditors' committee is said to “stand in the debtor's shoes” because it has permission to litigate certain claims belonging to the debtor that arose before bankruptcy. However, for parties whose cases advance to discovery, such a standing order may cause issues by leaving undecided the allocation of attorney-client privilege and work product protection between the debtor and committee.
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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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