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September 01, 2021

Zoning Amendment Did Not Lapse

Legislature Modifies HSTPA to Assist Co-ops

August 01, 2021

In June, New York's lawmakers approved amendments to the Housing Stability and Tenant Protection Act, exempting cooperative corporations from some of the most onerous provisions, and clarifying others. Once signed, the new legislation will not only be a huge victory for the thousands of cooperative apartment buildings but also for many potential purchasers who were unable to purchase in those buildings as a result of the Act.

Real Property Law

August 01, 2021

License to Enter Neighbor's Property Reversed Partnership Lacked Authority to Convey Property Questions of Fact About Whether Easement Extinguished By Adverse Possession Purchaser Acquired Deed By False Pretenses Broker Failed to Establish Agreement to Pay Commission

Development

August 01, 2021

ZBA Did Not Have to Act Unanimously Activist Not Entitled to Nullification of Cover Letter Community Board Included With Its Recommendations DOB's Approval of Homeless Shelter Upheld Area Variance Upheld

Landlord & Tenant Law

August 01, 2021

Rent Act of 2015 Did Not Re-Regulate Deregulated Apartments Tenant Waiver of Claims for Lost Profits Upheld Landlord Not Liable for Tenant on Tenant Harassment

Co-ops and Condominiums

August 01, 2021

Bylaw Provision Authorized Award of Fees Against Unit Owner

Landlord Not Liable for Harassment by Fellow Tenants

July 01, 2021

In Francis v. Kings Park Manor, Inc., the Second Circuit upheld dismissal of tenant's claims against a landlord who failed to take action against a harassing tenant. The court's holding did not give landlords a free pass, but it did establish that to survive dismissal, a harassed tenant's complaint will have to include more than bare-bones allegations of intentional discrimination.

Real Property Law

July 01, 2021

Easement By Prescription and Easement By Estoppel Claims Entitle Owner to Preliminary Injunction Right of First Refusal Valid Under Rule Against Perpetuities Easement Holder Not Liable for Trespass Mortgagor Entitled to Cancellation When Mortgagee's Beneficiaries Ratified Transaction

Landlord & Tenant Law

July 01, 2021

Questions of Fact Remained About Loft Law Coverage Tenant Validly Terminated Subtenants's Lease Conversion of Tenant from Corporation to LLC Did Not Relieve Guarantor of Liability

Co-ops and Condominiums

July 01, 2021

Co-Op Obligated to Facilitate Transfer By Holder of Unsold Shares

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