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We found 1,555 results for "New York Real Estate Law Reporter"...

Supreme Court Again Addresses Municipal Sign Regulations
June 01, 2022
In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. In April 2022, the Court took another look at the issue of strict scrutiny relating to "off-premises" signs in City of Austin, Texas v. Reagan National Advertising.
Real Property Law
June 01, 2022
Deed from Intestate Distribtees Effective Without Involvement of Estate Administrator Notice of Pendency Is Not an Election of Remedies That Bars Issuance of Preliminary Injunction Junior Mortgagee Obtained Good Title Despite Defects In Judgment of Foreclosure Limitation on Easement Width Upheld Forged Power of Attorney Voids Documents on Which Mortgagee Relied
Landlord & Tenant Law
June 01, 2022
Habitability and Harassment Claims Survive Motion to Dismiss COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment Renovations Qualified Apartment for High-Rent Vacancy Decontrol COVID-19 Does Not Excuse Failure to Pay Rent
Co-ops and Condominiums
June 01, 2022
Unit Owner Not In Possession Cannot Prevail on Wrongful Ejectment Claim
Supreme Court Addresses Municipal Sign Regulations, Again
June 01, 2022
In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. The Court took another look at the issue of strict scrutiny relating to "off-premises" signs in the case of City of Austin, Texas v. Reagan National Advertising , in which the majority concluded that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.
Landlord & Tenant Law Case Update
June 01, 2022
COVID-19 Does Not Trigger Frustration of Purpose or Impossibility Defenses Tenant Entitled to Actual Damages for Landlord Breach, But Not to Suspension Payment COVID-19 Does Not Excuse Failure to Pay Rent
Making Sense of the 421-A Rent Concession Appeals
May 01, 2022
Landlords initially renting up new RPTL 421-a buildings routinely give incoming rent-stabilized tenants rent concessions to account for the fact that construction may be ongoing, and that there may still be punch list items in the apartments. This seemingly innocuous practice, however, has led to class-action litigation wherein tenants allege that rent concessions are part of a fraudulent scheme that results in massive building-wide overcharges under the Rent Stabilization Law.
Real Property Law
May 01, 2022
Purchaser of Mixed-Use Building, Not Master Lessee of Residential Units, Liable for Rent Overcharges Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement Statute of Limitations Does Not Bar Strict Foreclosure Action
Eminent Domain Law
May 01, 2022
Evidence Supports Award of Severance Damages
Questions of Fact About Liability for Broker Commission After Expiration of Brokerage Agreement
May 01, 2022
In an action to recover a brokerage commission, the Appellate Division affirmed a broker's appeal of denial of its summary judgment motion, holding that questions of fact remained about seller's liability for a commission after expiration of the brokerage agreement.

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