Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
If Cervantes were to say today, 'An honest man's word is as good as his bond' (Don Quixote, Book IV, Ch. 34), both knowledgeable real estate professionals and their counsel would probably respond, 'except for real property transactions.' While in many areas of the law, unwritten agreements are more readily enforced, it remains accepted as axiomatic that under the principles of the statute of frauds, only a 'writing' will create obligations in connection with real property interests.
Recent Decision
A recent Appellate Division decision went out of its way to emphasize the rule. In Yenom Corp., v 155 Wooster Street, Inc., (NYLJ, July 20, 2006 p. 22, col. 1), the court went out of its way to reinforce the continued vigor of the statute of frauds. The per curiam decision arose in a somewhat unusual way. It was delivered on the Court's own motion (nostra sponte) as a post-appeal proceeding focused on whether sanctions should be imposed on plaintiff and its counsel for pursuing an appeal relating to exceptions to the statute of frauds. The court imposed sanctions against plaintiff and its counsel for having pursued an effort to enforce an alleged contract for the sale of stock of a real estate owning corporation and the simultaneous creation of a net lease. Plaintiff claimed an exception from the normally applicable statute of fraud rules based on alleged part performance by its efforts to effect zoning changes. The court found the claim so 'frivolous and wholly without merit' that sanctions were imposed.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
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.
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.
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.
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?