Landlord Tenant Law

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

Unit Owners’ Discrimination Claim Survives DismissalFiduciary Duty Claims Against Sponsor Reinstated

In a decision that could reshape the landscape for landlords across the country, New York’s Appellate Division unanimously ruled that the State Human Rights Law violates the Fourth Amendment to the extent it mandates landlord participation in the federal Section 8 housing voucher program.

Questions of Fact Remain About Application of Special Facts ExceptionUse Variance Upheld Based on Adequate Dollars-and-Cents ProofQuestions of Fact About Whether Board Action Required a SupermajorityNeighbor’s Failure to Join Landowner Requires Dismissal of Article 78 ProceedingAppellate Division Improperly Substituted Its Judgment for That of The Zoning Board of Appeals

Parking Lot Improperly Valued for Commercial DevelopmentLandowner Not Entitled to Compensation for Billboards Operated In Violation of Zoning Ordinance

Questions of Fact Preclude Summary Judgment on Claim to Enjoin NuisanceInsufficient Evidence of Easement to Warrant Vacatur of Preliminary Injunction

Questions of Fact About Board’s Prior Approval of Changes to UnitDismissal of Derivative Claims Reversed

On Oct. 16, 2025, Governor Kathy Hochul signed Senate Bill S7413 into law, amending Section 339-aa of the New York Condominium Act. The amendment introduces a mandatory pre-foreclosure notice that condominium boards must send defaulting unit owners before commencing a lien foreclosure action to recover unpaid common charges and assessments.