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Real Property Law

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Constructive Trust Does Not Require Transfer In Reliance Failure to Obtain Subdivision Approval Does Not Make Title Unmarketable Accounting Necessary When Property Is Purchased With Wrongfully Appropriated Funds,br> Church Documents Establish That Synod Did Not Wrongfully Take Local Church's Property Allegations of Fraud Insufficient to Extend Statute of Limitations on Foreclosure Action Bona Fide Purchaser Prevails Over Mortgagee of Erroneously Discharged Mortgage

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Development

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Landonwner Entitled to Nonconforming Use Status Public Trust Claim Reinstated

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Landlord & Tenant Law

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Tenant Not Entitled to Recover Consequential Damages for Second Hand Smoke Tenant Failed to Establish Constructive or Actual Eviction Failure to Send Statutory Notice Subjects Apartment to Rent Stabilization Overcharge Claim Dismissed Because DHCR Had Primary Jurisdiction

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Co-ops & Condominiums

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Purchaser Entitled to Return of Downpayment When Co-Op Failed to Consent

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IP News

Howard Shire & Christine Weller

Penn State Files Trademark Lawsuit against Sports Beer Brewing Company Can OSU Trademark the Word "The"?

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Bit Parts

Stan Soocher

Texas Court of Appeals Won't Let Former Lawyer for Matthew Knowles Use State's Anti-SLAPP Statute to Dismiss Knowles' Cross-Claims in Legal Fees Dispute

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In the Courts

Juliet Gunev

New Developments In Och-Ziff FCPA Settlement As Brooklyn Judge Grants Victim Status to Former Investors In Restitution Claim over Lost African Mining Venture

Columns & Departments

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Business Crimes Hotline

Juliet Gunev

Former Cognizant Technology COO Settles FCPA Case In Relation to India Office Construction Project

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Case Notes

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Court Decides Who Is the 'Prevailing Party' No Duty to Collect Rent from Subsequent Tenant

Columns & Departments

Real Property Law Image

Real Property Law

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Mortgagee Entitled to Deficiency Judgment When Mortgagor's Submissions Are Insufficient to Rebut Mortgagee's Appraisal Foreclosure Action Proceeds Despite Failure to Formally Discontinue Prior Foreclosure Action Forbearance Agreement Tolled Statute of Limitations Foreclosure Proceeding Dismissed for Lack of Standing Did Not Accelerate Mortgage

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