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We found 1,533 results for "New York Real Estate Law Reporter"...

Landlord & Tenant Law
July 01, 2023
Tenant's Failure to Restore Premises At End of Lease Constitutes Breach Fraud Exception to Four-Year Lookback Period Inapplicable Guaranty Clause Did Not Bind Tenant's Principal
Owners Have No Constitutional Right to Expand Nonconforming Uses
June 01, 2023
Can a municipality's refusal to permit expansion of a pre-existing nonconforming use constitute a federal constitutional violation?
Development
June 01, 2023
When Zoning Amendment Adds Permitted Uses In Zoning District, Landowners Subject to the Ordinance Have Standing to Challenge the Amendment
Co-ops and Condominiums
June 01, 2023
Unit Owner's BCL 501(c) Claim Dismissed
Landlord & Tenant Law
June 01, 2023
Local Law Prohibiting No-Cause Evictions Pre-Empted By State Law Contractual Indemnification Unenforceable Indemnification Clause Enforced Good Faith Efforts to Cure Extend Cure Period for Yellowstone Injunction
Real Property Law
June 01, 2023
Recorded Mortgage Does Not Remove Title Insurance Claim From Policy Exclusion When Underlying Deed Was Not Recorded No Easement By Necessity for Parking Lawn Mowing and Driveway Plowing Suffice to Establish Adverse Possession
Municipality's Refusal to Permit Expansion of a Pre-Existing Nonconforming Use Doesn't Violate Constitution
June 01, 2023
Can a municipality's refusal to permit expansion of a pre-existing nonconforming use constitute a federal constitutional violation? The federal district court for the Eastern District of New York faced that question and awarded summary judgment to the municipality, rejecting the landowner's substantive due process and takings claims.
Three Takeaways from 'Casey v. Whitehouse Estates' Rent Regulation Decision
May 01, 2023
On March 16, 2023, the Court of Appeals decided Casey v. Whitehouse Estates, Inc., the first Court of Appeals ruling to address rent regulation since its landmark decision in Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, the Court of Appeals unanimously reversed the First Department's finding that the landlord's purported fraud mandated use of DHCR's so-called default rent formula.
Development
May 01, 2023
Sand Mine Enjoys Nonconforming Use Protection Contract Vendee Entitled to Use Variance Despite Knowledge of Ordinance's Provisions
Real Property Law
May 01, 2023
Strict Liability for Excavation Damage Easement Was Non-Exclusive Purchaser's Claims Barred By Merger Doctrine, Caveat Emptor Purchaser's Claim Based on Inoperative Elevator Dismissed In the Absence of Active Concealment Deed Forgery Claim Survives Motion to Dismiss

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