Real Property Law
January 01, 2022
Encroachment By Party Wall Will Not Support a Notice of Pendency
Questions of Fact Remain In Party Wall Dispute
Easement Was Only for Access
Seller's Failure to Provide Estoppel Certificates Excuses Purchaser from Performing
Equitable Title Claim Upheld
Enforcement of Obligations Imposed In SEQRA Findings Statements
January 01, 2022
When, at the culmination of environmental review under the State Environmental Quality Review Act (SEQRA), a municipality resolves to require a developer to ameliorate environmental impacts, can anyone other than the municipality itself enforce the requirement?
Landlord & Tenant Law
January 01, 2022
Nonpayment Proceeding Not Available for Use and Occupancy
Questions of Fact About Whether Landlord Accepted Surrender
Improper Withholding of Consent Does Not Excuse Guarantor
Loft Board's Rejection of Abandonment Petition Upheld
Development
January 01, 2022
Town Law Does Not Require Public Hearing On Site Plan Approval
Real Property Law
December 01, 2021
Deed from One of Several Heirs Void Ab Initio
Fine Imposed By Association Invalid When Bylaw Amendment Was Not Incorporated Into Declaration
Seller Entitled to Retain Down Payment Because Purchaser Never Set a Closing Date
Former Owner Relinquished Rights to Oil and Gas Lease
Development
December 01, 2021
Refusal to Approve Summer Camp Triggers RLUIPA
Site Plan Denial Upheld
Landlord & Tenant Law
December 01, 2021
Tenant Not Entitled to Treble Damages Because Overcharge Was Not Willful
Warranty of Habitability Claim Reinstated
Tenant Who Never Occupied Premises Cannot Raise Habitability Claim
Landlord May Not Recover Use and Occupancy for Failure to Restore Premises
HSTPA Survives Federal Constitutional Attack
November 01, 2021
The Housing Stability and Tenant Protection Act (HSTPA) has generated considerable litigation by landlords in both state and federal court. In Building and Realty Institute of Westchester and Putnam Counties, Inc. v. State of New York, the United States District Court for the Southern District of New York dismissed takings, substantive due process, and contracts clause challenges to the statute.