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Second Circuit Tackles RLUIPA
November 02, 2004
The federal Religious Land Use and Institutionalized Persons Act (RLUIPA) threatens to have a significant impact on local zoning decisions. Municipalities across the country have challenged the statute's constitutionality. In the most recent of those cases, <i>Westchester Day School v. Village of Mamaroneck</i>, 2004 US App LEXIS 20327 (NYLJ, 10/15/2004, p. 18, col. 1), the Second Circuit declined to address the constitutional issues directly, but suggested a narrow construction of the statute that would reduce RLUIPA's impact on local zoning policies.
Development
November 02, 2004
The latest cases you need to know.
Landlord & Tenant
November 02, 2004
A review of the latest cases.
Real Property Law
October 01, 2004
Survivorship Interest Not Terminated By Unilateral Conveyance Hardin v. Rubin NYLJ 7/28/04, p. 20, col. 1 Supreme Ct., Kings Cty (Jacobson, J.) In an action by the daughter of the original owner's deceased son to establish that she owns a 50% interest in the subject parcel, the transferee from the original owner's daughter moved to dismiss the complaint. The court granted the transferee's motion, holding that the son's conveyance to himself did not terminate the daughter's survivorship interest. &#133;
Cooperatives & Condominiums
October 01, 2004
The latest cases of importance to you and your practice.
Development
October 01, 2004
All the latest cases.
The Powerful Impact of The Non-Foreclosure Notice of Pendency
October 01, 2004
RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
Index
October 01, 2004
A list of everything contained in this issue.
Landlord & Tenant
October 01, 2004
Recent cases you need to know.
Real Property Law
September 01, 2004
Recent rulings of importance to your practice.

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