Features
Recent Investigation, Prosecution and Legislation Regarding Fraudulent Deeds
New York City, particularly gentrifying areas of Brooklyn, Harlem, and Washington Heights, are seeing an upsurge of deed theft. Attorneys, architects, title companies, real estate brokers, agents, contractors, developers and construction managers need to be alert to this potential issue when blocks of properties are assembled for development in these neighborhoods.
Columns & Departments
Landlord & Tenant Law
Landlord's Relet Does Not Relieve Breaching Tenant from Liability for Rent Breaching Landlord Liable for Tenant's Expenses In Preparing Leased Space Apartments Withdrawn from Mitchell-Lama Not Rent-Stabilized Default Formula Does Not Constitute Penalty, and Does Not Preclude Class Certification
Columns & Departments
Real Property Law
Ambiguous Time of the Essence Notice Held Ineffective Attorney Review Provision Permitted Cancellation of Contract Mortgagee Entitled to Cancellatino of Erroneously Recorded Satisfaction Co-Tenant Not Entitled to Appointment of Receiver
Columns & Departments
Co-ops and Condominiums
Fair Housing Act Claim Against Condominium Board Dismissed Co-Op Unit Owner Entitled to Emotional Support Dog
Features
Kuzmich et al. v. 50 Murray Street Acquisition LLC: A Deal Gone Bad for Developers Who Helped Revitalize Lower Manhattan
In Kuzmich et al. v 50 Murray Street Acquisition LLC, the Court of Appeals held that apartments in buildings receiving tax benefits under Real Property Tax Law (RPTL §421-g) are not eligible for luxury deregulation under the Rent Stabilization Law (RSL), unlike most other rent-stabilized apartments.
Features
Structuring Strategies for Off-Balance-Sheet Treatment of Real Property Leases
The Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.
Columns & Departments
Real Property Law
Former Owners Not Entitled to Surplus from Tax Foreclosure Sale Joint Tenants Need Not Own Equal Interests Fraud Action Not Premature Merely Because Truth of Representations Are the Subject of Pending Proceedings Transferee from Incapacitated Person's Attorney-In-Fact Not A Bona Fide Purchaser
Features
159 MP Corp.: Grateful That Majority Rejected Dissent's Radical Approach
Further comment and analysis is warranted on the three-judge dissent, which, if adopted by the majority, would have fundamentally altered the very foundation of New York contract law.
Columns & Departments
Development
Mining Prohibition Not Pre-Empted By State Law and Not In Violation of SEQRA Dog Training Facility Not a Customary Home Occupation,br> Landowner Not Entitled to Variance When Hardship Is Not Unique to the Parcel ZBA Did Not Consider Statutory Variance Factors
Columns & Departments
Case Notes
Defense Based on Federal Law Cannot Confer Federal Jurisdiction
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