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Development

New York Real Estate Law Reporter Staff

Contract Vendee Lacks Standing to Challenge Denial of Permit Application Board's Denial of Site Plan Approval Invalidated Inadequate SEQRA Review Requires Denial of Site Plan Approval

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Prescriptive Easement Counterclaim Dismissed Implied Easement Claims Rejected Questions of Fact Preclude Summary Judgment on Adverse Possession Claim Broker Failed to Establish Implied Contract Questions of Fact Remained About Whether Encroachment Was De Minimus

Features

Second Circuit Erects Barriers to Due Process When Challenging Permit Denials Image

Second Circuit Erects Barriers to Due Process When Challenging Permit Denials

Stewart E. Sterk

Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.

Features

Band Name Rights at Center of Battle Between Founding Isley Brothers Image

Band Name Rights at Center of Battle Between Founding Isley Brothers

Stan Soocher

A current dispute over a band name that's worth tracking is one between two founding members of "The Isley Brothers," the legendary r&b group, that focuses on what happens to ownership of the band name rights when one member stops performing with the group but continues to be involved in its business affairs.

Features

What Is Property for Due Process Purposes? Image

What Is Property for Due Process Purposes?

Stewart E. Sterk

Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.

Features

DIP Financing and Liens On Avoidance Actions Image

DIP Financing and Liens On Avoidance Actions

Michael L. Cook

The Eighth Circuit's decision in Simply Essentials has practical significance for Chapter 11 debtor in possession (DIP) lenders. U.S. Trustees and unsecured creditors regularly object to the granting of liens on avoidance actions, but this and other appellate rulings should now eliminate the purported legal obstacle.

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

Questions of Fact About Whether Tenant Exercised Renewal Option Hearing Necessary to Determine Whether Landlord Can Remove Tenant to Complete Restoration Work Questions of Fact About Landlord Fraud Additional Security Deposit Constitutes Source of Income Discrimination

Features

How D.C. Fed. Court Denied Copyright to AI-Created Artwork Image

How D.C. Fed. Court Denied Copyright to AI-Created Artwork

Robert W. Clarida & Thomas Kjellberg

The U.S. District Court for the District of Columbia recently upheld a final refusal by the U.S. Copyright Office to register a visual work that was "autonomously created by a computer algorithm running on a machine," which the plaintiff called the Creativity Machine and identified as the "author" of the work.

Features

Federal District Court Denies Copyright to AI-Generated Art Piece Image

Federal District Court Denies Copyright to AI-Generated Art Piece

Richard L. Hathaway

Recognizing that U.S. "copyright law protects only works of human creation," the court determined that the Copyright Office "acted properly in denying copyright registration for a work created absent any human involvement."

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

Questions of Fact Remain About Width of Easement Transfer Invalidated As Fraudulent Transfer Cotenant's Operation of Mine Not Enjoined Homeowners Association Lacked Standing to Enforce Covenant Easement Holder Liable for Trespass After Easement Was Extinguished

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