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We found 1,600 results for "New York Real Estate Law Reporter"...

Development
February 25, 2005
All the latest cases for your review.
Real Property Law
January 27, 2005
Recent important rulings of interest.
Index
January 27, 2005
Everything contained in this issue in an easy-to-read list.
Landlord & Tenant
January 27, 2005
The latest rulings for your review.
Cooperatives & Condominiums
January 27, 2005
Recent rulings you need to know.
What Counts As an Exaction?
January 27, 2005
In <i>Nollan v. California Coastal Commission</i>, 483 US 825, and <i>Dolan v. City of Tigard</i>, 512 US 374, the United States Supreme Court established that constitutional scrutiny of government exactions is more stringent than constitutional scrutiny of other land use controls. Last month, the New York Court of Appeals addressed an issue not fully resolved by Nollan and Dolan: What counts as an exaction for takings clause analysis?
Development
January 27, 2005
Recent rulings of importance to you and your practice.
Conditions Precedent in Brokerage Agreements
December 27, 2004
In the absence of language to the contrary, a real estate broker in New York becomes entitled to a commission when the broker produces a purchaser who is ready, willing, and able to consummate the sale. That is, if the seller changes its mind, or proves unable to deliver title, the seller remains liable for the broker's commission. Dispute about whether broker has procured a ready, willing, and able buyer has generated considerable litigation, but those disputes are not the subject of this article. Instead, this article focuses on the import of "language to the contrary" -- language that purports to alter the common law obligation of the seller to the broker.
Landlord & Tenant
December 27, 2004
The latest important rulings.
Index
December 27, 2004
Everything contained in this issue, in an easy-to-use list.

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  • Supreme Court Asked to Assess Per Se Rule Tension in Criminal Antitrust
    In recent years, practitioners have observed a tension between criminal enforcement of the broadly written terms of the Sherman Antitrust Act of 1890 and the modern Supreme Court's notions of statutory interpretation and due process in the criminal law context. A certiorari petition filed in late August in Sanchez et al. v. United States, asks the Supreme Court to address this tension, as embodied in the judge-made per se rule.
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  • Restrictive Covenants Meet the Telecommunications Act of 1996
    Congress enacted the Telecommunications Act of 1996 to encourage development of telecommunications technologies, and in particular, to facilitate growth of the wireless telephone industry. The statute's provisions on pre-emption of state and local regulation have been frequently litigated. Last month, however, the Court of Appeals, in <i>Chambers v. Old Stone Hill Road Associates (see infra<i>, p. 7) faced an issue of first impression: Can neighboring landowners invoke private restrictive covenants to prevent construction of a cellular telephone tower? The court upheld the restrictive covenants, recognizing that the federal statute was designed to reduce state and local regulation of cell phone facilities, not to alter rights created by private agreement.
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