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We found 1,569 results for "New York Real Estate Law Reporter"...

'Atlantic Yards' Condemnation Upheld
The so-called 'Atlantic Yards' project in Brooklyn is a typical case of public/private partnership to develop an area that has long been the location of urban blight. The issue, from the standpoint of those who challenged the condemnation of their property for that project is that the property, which is the subject of the recent Second Circuit decision in Goldstein v. Pataki, for the most part is not considered blighted but is close or adjacent to blighted areas.
The Best Way to Resolve Real Estate and Construction Disputes
For parties to real estate transactions and those involved in construction projects, alternative dispute resolution methods, including binding arbitration and non-binding mediation, offer proven and successful alternatives to an often inefficient and expensive court system. As this article illustrates, alternative dispute resolution requires utilizing trained, experienced, and cost-conscious mediators or arbitrators who are much better at resolving real estate disputes than are the inefficient and often ineffective courts.
The Place to Network: Jumpstart Client Development with Social Networking
Teens, college kids and recent graduates have grown up with the Internet and social networking sites in their bloodstreams ' they are constantly communicating with each other through Web sites. If you not convinced that you're slightly out of the loop on this trend, ask yourself when was the last time you got 'poked' or 'threw a sheep' at someone on Facebook? The truth is the social networking is rapidly becoming a highly viable way for attorneys to expand their books of business.
Real Property Law
Analysis of recent rulings.
Landlord & Tenant
Commentary on the latest cases.
Development
A look at a recent ruling of importance.
Cooperatives & Condominiums
In-depth analysis of recent rulings.
Index
Everything contained in this issue, in an easy-to-read format.
Settlement of Zoning Disputes
What power does a municipality's counsel have to settle a zoning dispute on terms that would ordinarily require the exercise of discretionary authority by a zoning board of appeals (ZBA) or by a planning board? In <i>Matter of Commco, Inc. v. Amelkin</i>, which was decided more than 20 years ago, the Court of Appeals indicated that counsel had no such settlement power, even if counsel acted with the approval of the municipality's elected governing body.
Real Property Law
Analysis of recent rulings.

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  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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