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. …
Index
October 01, 2004
A list of everything contained in this issue.
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.
County Planning Board Review and General Municipal Law Section 239-m
September 01, 2004
The right to adopt controls on the use of land in New York, although derived from the state's power, has largely devolved to local municipal governments through New York's Town Law and Village Law, and similar legislation for cities. There are areas, however, where the state still exercises control, frequently as general oversight in perceived problem areas -- coastal erosion and flood zones for example. The state also exercised its power, beginning in 1960, to allow for the creation of county-wide planning boards, to allow for the input of regional and county-wide considerations in local land use decisions.
Index
September 01, 2004
A guide to everything inside this issue, case by case.
