Landlord Tenant Law

Condemnation Served a Public Purpose

Notice of Pendency Provided Constructive Notice to Foreclosure Sale Purchaser

Zoning Board Properly Construed OrdinanceNeighbors’ Open Meetings Law Challenge to Lease to Wireless Character Was UntimelyPlanning Board Not Bound to Consider Approval’s Impact on Easement or Covenant

Tax Escalation Clause Does Not Entitle Landlord to Collect Additional Rent On Taxes Landlord Did Not PayGood Guy Guaranty Does Not Cover Obligations Accruing After SurrenderStipulation In Prior Proceeding Did Not Bar Use and Occupancy ClaimFlooding Was Outside the Scope of Landlord’s Responsibility

Most municipalities use tax foreclosures to pay for schools, parks, police, fire protection, and a host of other public services and need enforcement measures both to collect the taxes and to incentivize others to continue paying on time, although many also sell their tax liens to obtain quicker payment of tax obligations.

Adverse Possessor Provided Insufficient Evidence to Support TackingTown’s Installation of Guardrails Did Not Constitute a TakingMortgagee Entitled to Deficiency JudgmentLandowner Adequately Alleged Trespass During Renovation

A recent First Department case explores the breadth of the Uniform Heirs Property Act (RPAPL 993) which significantly modifies the partition process for property determined to be “heirs property.”

Trespass Claim Upheld When Contractor Entered Landowner’s Parcel During ConstructionTitle Insurer Not Liable for Adverse Possession Claim When Policy Excepted Claims of Persons In PossessionEstate Administrator’s Deed Not Void Because Administrator Had Apparent Authority