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We found 1,579 results for "New York Real Estate Law Reporter"...

New York City’s FARE Act In Court: Whether It’s “Fair” Is Still Under Review
August 31, 2025
In late 2024, the City Council upended the New York City rental markets when it passed the Fairness in Apartment Rental Expenses (FARE) Act , which, in part, prevents a real estate broker who “publishes” a real estate listing or who enters into a listing agreement with a landlord from seeking payment of their brokerage fee from the prospective tenant. The real estate industry argued that the law is unconstitutional and preempted by state statute. On June 10, 2025, REBNY v. City of New York allowed the Act to take effect on June 11, 2025. This article analyzes the district court’s decision, its impact, and what happens next.
Real Property Law
August 31, 2025
Adverse Possession Claim UpheldIntent to Abandon Easement Not EstablishedDeed Validity Upheld Despite Absence of Delivery to One Co-Tenant
Landlord & Tenant Law
August 31, 2025
Kingston’s Rent Stabilization Ordinance UpheldBroker Discriminated On Basis of Disability and Source of IncomeTenant’s Default In Payment of Rent Precludes Defense Based On Breach of Covenant of Quiet EnjoymentGuarantors Bound By Settlement AgreementTenant Challenge to MCI Increases RejectedLandlord Established That Reconfigured Apartment Was Deregulated
Development
August 31, 2025
Tenant Did Not Waive Its Right to Renew Lease of Air RightsLandowner Had No Vested Right to Maintain ShedSpecial Permit Denial OverturnedChallenge to Application of Zoning Amendment Not Ripe
Co-ops and Condominiums
August 31, 2025
Unit Owner Required to Correct Unauthorized Alterations
Relocating Easements By Servient Owner
July 31, 2025
Under what circumstances can a servient owner relocate an easement? New York's Second Department recently faced that question and reaffirmed the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.
Relocating Easements
July 31, 2025
Under what circumstances can a servient owner relocate an easement? The Second Department recently faced that question and reaffirmed the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.
Real Property Law
July 31, 2025
Claim That an Heir Executed Void Deed to Herself Not Barred By Statute of LimitationsAnticipatory Breach of Sale ContractInvalidation of Foreclosure Judgment Did Not Impair Title of Foreclosure Sale PurchaserEasement By Prescription Claim Fails, But Easement Acquired By Estoppel
Development
July 31, 2025
Denial of Special Permit Lacked Rational BasisChallenge to ZBA Determination Not Time-Barred
Eminent Domain Law
July 31, 2025
Claimant Not Entitled to Damages for Loss of Setback

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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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