Real Property Law
September 01, 2023
Quiet Title Action Subject to Statute of Limitations
Foreclosure Sale Purchasers Not Subject to Claim By Former Owners
Specific Performance Denied Because Buyer Did Not Establish That It Was Ready to Close
Guaranty Law Invalidated
August 01, 2023
Consistent with the Second Circuit's opinion, the District Court in March 2023 found that the Guaranty Law, a pandemic law that was implemented to protect struggling commercial tenants and small businesses, lacked the requisite reasonability to overcome a Contract Clause challenge,
Development
August 01, 2023
Specific Performance Available for Breach of Contract to Convey Air Rights
Challenge to Site Plan Approval Dismissed for Failure to Join a Necessary Party
NYU's Challenge to Zoning Amendment Dismissed for Lack of Standing
Town's Construction of Its Ordinance Was Irrational
Condition on Special Permit Renewal Invalidated As Unreasonable
Landlord & Tenant Law
August 01, 2023
Tenant Violated the Lease By Changing Nature of the Restaurant
Lease's Guaranty Clause Did Not Bind Tenant's Principal
Yellowstone Injunction Denied Because Tenant Failed to Show It Was Willing and Able to Cure Defaults
Loft Occupant Remains Protected By Loft Law
Real Property Law
August 01, 2023
Buyer Entitled to Return of Deposit Because Estoppel Certificates Were Inadequate
City Had Authority to Extinguish Interest of Delinquent Taxpayers After Four Month Redemption Period Expires
Survival Clause Includes No Expiration Date
Easement Not Invalid for Fraud
Co-ops and Condominiums
August 01, 2023
Co-Op Purchaser Not Entitled to Cancel Contract
Appointment of Receiver to Collect Rent Owed to Defaulting Commercial Unit Owner Upheld
Should There Be A Title Theft Statute?
July 01, 2023
Recent years have seen numerous reports of what has colloquially been called "property theft" or "deed theft." To fight deed theft in New York, the state Attorney General has championed a statute making "Property Theft" a crime.
Do We Need A Title Theft Statute?
July 01, 2023
Recent years have seen numerous reports of what has colloquially been called "property theft" or "deed theft" in New York. The state Attorney General has championed a statute, now introduced in the state legislature, making "Property Theft" a crime. Would the statute be helpful?
Development
July 01, 2023
Court Reserves Decision Pending Further Proceedings When ZBA Produced Inadequate Findings of Fact to Support Variance Grant
Landmark Designation Upheld Despite Town's Failure to Call Public Hearing Within Code's Time Limit
Real Property Law
July 01, 2023
Mortgagee's Action to Vacate Tax Sale Should Not Have Been Dismissed Even Though Redemption Period Had Expired
Landowner Has Right of Access Across State Lands
Part Performance Exception to Statute of Frauds Inapplicable
Emails Insufficient to Satisfy Statute of Frauds
Statute of Limitations Does Not Bar Claim to Remove Cloud on Title
Purchase Option Not Assignable
Buyer Recovers Down Payment When Seller Failed to Deliver Certificate of Occupancy
Nassau County's Recording Fees Held Excessive and Improper
Section 265-a Authorizes Rescission of Termination Agreement
Prescriptive Easement Claim Fails for Failure to Establish Hostile Use
