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Three Takeaways from 'Casey v. Whitehouse Estates' Rent Regulation Decision
On March 16, 2023, the Court of Appeals decided Casey v. Whitehouse Estates, Inc., the first Court of Appeals ruling to address rent regulation since its landmark decision in Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, 35 NY3d 332 (2020). In Casey, the Court of Appeals unanimously reversed the First Department's finding that the landlord's purported fraud mandated use of DHCR's so-called default rent formula.
(Note: In the interest of full disclosure, the author herein represented the prevailing landlord in Casey.)
Casey concerned a building wherein the landlord, relying on DHCR's advice, purported to luxury deregulate multiple apartments despite the building's receipt of J-51 benefits. Years later, the Court of Appeals ruled in Roberts v. Tishman Speyer Props., L.P., 13 NY3d 270 (2009), that DHCR had misinterpreted applicable law, and that such deregulations were unlawful. Various tenants in the building in Casey thereafter commenced a class action for rent overcharge, seeking, inter alia, recalculation of their rents and a refund of any overcharges collected.
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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.
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.