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July 01, 2021

Building Administrator Had No Authority to Make Site Plan Determinations

Court Addresses Issues Relating to RLUIPA Safe Harbor and the Equal Protection Clause

June 01, 2021

Recently the United States District Court for the Southern District of New York grappled with issues relating to local zoning restrictions on houses of worship.

Development

June 01, 2021

Summons for Violation of Zoning Ordinance Not Duplicative of Prior Dismissed Summons Special Exception Denial Upheld

Landlord and Tenant Law

June 01, 2021

Tenant's Cure of Default Reinstates Lease Renewal Option Rent-Stabilized Status Survives Tax Foreclosure Sale Tenant Entitled to Yellowstone Injunction Without Taking Steps to Cure Default Landlord Entitled to Use and Occupancy, Not Rent, After Lease Termination

Real Property Law

June 01, 2021

Easement Scope Limited to Ingress and Egress Seller Entitled to Cancel When Purchaser Did Not Obtain Government Development Approvals

Appellate Division Overturns Supreme Court Order to Partially Demolish 55-Story Building

May 01, 2021

In Committee for Environmentally Sound Development ("CESD") v. Amsterdam Ave. Redevelopment Associates LLC, the Appellate Division, First Department, overturned a Supreme Court decision that would have required partial demolition of a nearly completed 55-story building at 200 Amsterdam Avenue.

Real Property Law

May 01, 2021

Easement By Necessity Claim Fails for Inadequate Proof of Unity of Title At Severance No Specific Performance When Purchaser Failed to Elect Contract Remedies Subdivision of Dominant Parcel Did Not Terminate Easement Judgment Creditor Not Entitled to Compel Sale of Tenancy By the Entirety Property Questions of Fact Preclude Summary Judgment on Specific Performance Claim Town Had No Authority to Issue Parking Permits on Land of Waterfront Owners

Co-ops and Condominiums

May 01, 2021

Occupation By Family Member of Corporate Principal Does Not Terminate Unsold Share Status Abandonment of Easement By Condominium Unit Owner Condominium Unit Owner Entitled to Damages for Board's Failure to Approve Transfer

Landlord & Tenant Law

May 01, 2021

HSTPA Did Not Apply Retroactively to Personal Use Petition

Foreclosure Statute of Limitations

April 01, 2021

In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York's court system in the aftermath of last decade's mortgage crisis.

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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
In June 2024, the First Department decided Huguenot LLC v. Megalith Capital Group Fund I, L.P., which resolved a question of liability for a group of condominium apartment buyers and in so doing, touched on a wide range of issues about how contracts can obligate purchasers of real property.
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Fresh Filings
Notable recent court filings in entertainment law.
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CoStar Wins Injunction for Breach-of-Contract Damages In CRE Database Access Lawsuit
Latham & Watkins helped the largest U.S. commercial real estate research company prevail in a breach-of-contract dispute in District of Columbia federal court.
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The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
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