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
Landlord’s Notice of Intent Not to Renew Held AdequateWrongful Eviction Claims DismissedCOVID-19 Did Not Justify Tenant’s Unjust Enrichment Claim Against Landlord Who Did Not Return Advance RentPrior Order Does Not Preclude Landlord’s Claim for Use and Occupancy
Board of Architectural Review Disapproval UpheldApplicant Did Not Acquire Vested RightApproval of Wireless Antenna Installation Upheld
Condominium Not Entitled to Collect Publication and Legal Fees When Owner Redeemed Before Foreclosure SaleQuestions of Fact Preclude Dismissal of Shareholder’s Claim for Breach of Proprietary LeaseUnit Purchaser Entitled to Specific Performance of Developers’ Agreement
Two recent cases raised a recurring real property issue: When can a party burdened by a restrictive covenant obtain judicial removal of the covenant pursuant to RPAPL 1951? The cases shed modest light on this muddy issue.
Landlord Entitled to Change Locks As a Result of Tenant BreachConstructive Eviction Unavailable When Tenant Remained In Premises After Failing to Pay RentProof Required In Tenants’ Action to Establish Landlord Illegally Inflated Rents
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