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February 01, 2021

Neighbors Lack Sufficient Interest to Intervene In Modification of Restriction on Land Held for Charitable Purposes Absence of Property Description Did Not Preclude Equitable Mortgage City Entitled to Cancel Contract With Delinquent Former Owner When Owner Failed to Appear At Closing Statute of Limitations Does Not Bar Continuing Nuisance Claim Against Drilling Contractor

Landlord & Tenant Law

February 01, 2021

Guaranty Did Not Extend Past Lease Term Holdover Rent Award Reduced Tenant Is Entitled to Yellowstone Injunction Despite Failure to Attempt to Cure

Co-ops and Condominiums

February 01, 2021

Shareholder's Failure to Seek Relief During Cure Period Bars Preliminary Injunction Non-Purchasing Senior Citizens Not Protected Against Eviction Upon Conversion Occupant of Rent Stabilized Co-Op Unit Entitled to Succession Rights

The NY Court of Appeals Provides Important Guidance for Lease Surrender Agreements

January 01, 2021

At a time when the COVID-19 crisis is causing an unprecedented number of lease defaults, the recent Court of Appeals decision, The Trustees of Columbia University v D'Agostino Supermarkets, Inc., provides both guidance and warnings to attorneys asked to negotiate and litigate leasehold surrender agreements.

Development

January 01, 2021

Use Variance Not Necessary for Use of Home As AirBnB Rental Merger of Back-to-Back Lots

Real Property Law

January 01, 2021

Stranger to the Deed Rule Does Not Bar Easement Claim Misconduct By Mortgagor's Lawyer Voids Foreclosure Sale Permissive Exclusive Use of Common Driveway Does Not Extinguish Easement Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default

Four Class Actions Allege Rent Overcharge Chicanery

December 01, 2020

On Oct. 29, 2020, a Manhattan real-estate firm filed four separate class-action lawsuits highlighting three different maneuvers landlords used to evade the requirements of a tax-abatement program.

Development

December 01, 2020

Denial of Site Plan Application Upheld Issuance of State Permit Does Not Preclude Village's Nuisance Claim Against Waste Disposal Facility

Co-ops & Condominiums

December 01, 2020

RPAPL 881 License Granted to Enter Neighboring Condominium Unit Allocation of Common Expenses Upheld Condominium Owners Have Right to Vote On Matters Involving Homeowners Association Appointment of Receiver Upheld

Real Property Law

December 01, 2020

Possibility of Reverter Enforced Bidder At Tax Foreclosure Sale Forfeits Deposit Upon Default

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