Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Real Property Law
Temple Awarded Specific Performance of Agreement to Reconvey
Union Temple of Brooklyn v. Seventeen Development, LLC, NYLJ 6/8/18, p. 25, col. 2., AppDiv, Second Dept. (memorandum opinion)
In an action for specific performance of an agreement to convey real property, developer appealed from Supreme Court's order granting summary judgment to promisee, a temple, and from Supreme Court's order imposing contempt sanctions on the developer. The Appellate Division affirmed, holding that developer had raised no questions of fact that would excuse it from its obligation to perform the contract.
In 2003, the temple agreed to convey land adjacent to the temple building to the developer so that developer could build a residential condominium on the site. By the terms of the agreement, the developer agreed to convey to the temple a first floor condominium unit in its new building for $1, or if the conveyance proved commercially unreasonable, to lease the unit to the temple for $1 a year for 99 years. The new space would connect to the temple's existing building. The conveyance to the temple was to take place within six months of closing on the first residential condominium unit. Developer closed on the first residential unit in 2008, and had sold 68 units by 2011, but had not conveyed the ground floor unit to the temple. The temple then brought this action for specific performance, and Supreme Court granted summary judgment to tenant. When developer failed to convey, Supreme Court directed developer to pay a sum of money for each day it failed to comply. Developer appealed.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
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
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.