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Court Upholds Conditions Imposed on Zoning Variance Matter of Bonefish Grill, LLC v. Zoning Board of Appeals NYLJ 9/29/17, p. 26, col.3 AppDiv, Second Dept. (memorandum opinion)
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Foreclosure Statute of Limitations
By Stewart E. Sterk
In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York’s court system in the aftermath of last decade’s mortgage crisis.
By ssalkin
Claim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions
Seller Denied Summary Judgment on Purchaser’s Fraudulent Inducement Claim
Fraudulent Transfer Claim Reinstated
Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water
Supreme Court Improperly Denied Specific Performance to Purchasers
Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee
Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale
Judgment Lien Enforced Despite Error In Docketed Amount
By ssalkin
Tenant Entitled to Terminate Lease When Premises Were Not Broom Clean
Provision Ending Discounted Rate If Tenant Pays Late Is Unenforceable
Can Parties Stipulate As to Whether An Apartment Is Rent-Stabilized?
By Jeffrey Turkel
Legal disputes as to the rent regulated status of an apartment are as old as rent regulation itself. On occasion, landlords and tenants have purported to “agree” in a lease or stipulation as to whether a unit is regulated. This article surveys case law as to how courts treat such agreements.
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