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

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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.

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

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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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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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Landlord Failed to Rebut Presumption of Willfulness Landlord Substantiated Individual Apartment Improvements Vacatur of Stipulation for Use and Occupancy Overturned Occupant's Deception Waived Succession Rights Setting Rent for Unit First Decontrolled In 1954