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Index
March 03, 2004
A complete listing of everything contained in this issue.
Development
March 03, 2004
Recent cases of interest to you and your practice.
Successor Liability of UCC Foreclosure Sale Purchasers
March 03, 2004
As a result of non-eviction co-op conversion plans, many rent-stabilized tenants live in co-operative apartment units. Suppose the apartment's owner overcharges the tenant. May the tenant recover the overcharge from a successor owner who purchased the co-operative unit at a UCC foreclosure sale? That issue, faced by a New York court in <i>Muscat v. Gray</i> (<i>infra</i> page 3 ), raises questions both of statutory construction and public policy.
Real Property Law
March 03, 2004
Recent rulings of importance to you and your practice.
Cooperative & Condominiums
March 03, 2004
The latest cases of importance to your practice.
Landlord & Tenant
March 03, 2004
Recent rulings of importance to you and your practice.
Decisions of Interest
March 03, 2004
Recent rulings of importance to you and your practice.
Harassment Action Dismissed on Foreign Sovereign Immunity Grounds
March 03, 2004
A recent Second Circuit decision clarifies the application of the Foreign Sovereign Immunities Act (FSIA), 28 U.S.C. 1602 et seq., in a discrimination case filed against foreign governments and their agencies and instrumentalities.
Arbitration and Delay
March 03, 2004
Arbitration often is lauded as a relatively more economical and expeditious means to resolve employment disputes. In many cases, arbitration does achieve these objectives. However, when arbitrators issue significant punitive damage awards, employers may not be content to accept the award as final and binding.
You Be the Judge!
March 03, 2004
To prevail on a hostile work environment claim, a plaintiff must prove that the workplace was permeated with discriminatory intimidation that was "sufficiently severe or pervasive to alter the conditions" of employment. <i>Meritor Savings Bank FSB v. Vinson</i>, 477 U.S. 57, 106 S.Ct. 2399 (1986) An objectionable environment must be "both objectively and subjectively offensive, one that a reasonable person would find hostile and abusive, and one that the victim in fact did perceive to be so." <i>Faragher v. City of Boca Raton</i>, 524 U.S.775, 118 S.Ct. 2275, 2283 (1998). Courts must examine the totality of the circumstances in deciding whether a hostile environment exists. <i>Id</i>.

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