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Co-ops and Condominiums Image

Co-ops and Condominiums

Stewart Sterk

Action Dismissed When Unit Owners Did Not Allege Wrongful Actions Outside Scope of Board Member's Duty As Board Member

Features

Changes in Lot Number: When Does a Purchaser Have a Duty to Inquire? Image

Changes in Lot Number: When Does a Purchaser Have a Duty to Inquire?

Stewart E. Sterk

Block and lot indexes prevalent in New York City were designed to make title searches simpler than those necessary under the grantor-grantee index system prevalent in many other areas of the state and country. Suppose, however, block and lot numbers change over time. To what extent are purchasers on notice of deeds recorded under a block and lot number different from the one prevalent at the time of purchase?

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Real Property Law Image

Real Property Law

ssalkin

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 Image

Development

ssalkin

Landonwner Entitled to Nonconforming Use Status Public Trust Claim Reinstated

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

ssalkin

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

Columns & Departments

Co-ops & Condominiums Image

Co-ops & Condominiums

ssalkin

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

Features

A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough Image

A Tenant's Perspective on SNDAs: Non-Disturbance Is Not Enough

James O'Brien

Part Two of a Two-Part Article Part One of this article outlined the basic elements of a subordination, non-disturbance and attornment agreement (SNDA), which regulates two competing interests in the same property — tenant's right to possess its premises pursuant to its lease and mortgage lender's security interest in that same premises. Part Two explains the differences between the concepts of "non-disturbance" and "recognition," while contending that lease recognition is more important to the tenant than not having its possession disturbed.

Features

Legal Possession: What Does It Mean? Image

Legal Possession: What Does It Mean?

Thomas. C. Lambert & Steven Shackman

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.

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Case Notes Image

Case Notes

ssalkin

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

Features

Knick: Opening the Federal Courts to Taking Claims Image

Knick: Opening the Federal Courts to Taking Claims

Stewart E. Sterk & Michael C. Pollack

When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.

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