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Co-op's Fact Findings Held Binding on Eviction Court
Part One of this article reported on how the Court of Appeals, in 40 W. 67th St. Corp. v. Pullman (5/13/03), ruled that RPAPL '711(1) should be interpreted when the evicting landlord is a housing cooperative.
Pullman in the Courts
Pullman was an ejectment action in which the plaintiff cooperative was attempting to evict the defendant tenant-shareholder (Pullman), asserting that it had terminated his proprietary lease under a provision therein that allowed it to do so if, upon the affirmative vote of the holders of at least two-thirds of its outstanding stock, it “determine[d] … that because of objectionable conduct … the tenancy of the Lessee is undesirable.” There was no doubt that a meeting had been held at which the cooperative's shareholders had adopted a resolution declaring Pullman's conduct “objectionable” and directing the board of directors to terminate his proprietary lease. As the Court of Appeals noted, “[t]he resolution contained the findings upon which the shareholders concluded that [Pullman's] behavior was inimical to cooperative living.”
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.