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What Happens to Surplus Funds in Tax Lien Foreclosures?

September 01, 2020

When a sale follows a municipality's foreclosure on a tax lien, who is entitled to sale proceeds that exceed the amount of the tax lien?

Landlord & Tenant Law

September 01, 2020

Landlord Did Not Waive No-Assignment Provision Lease Renewal Option Unenforceable In the Absence of a Rent Term Issues of Fact Remain About Landlord Tampering Recertification Process Landlord Must Accept Security Deposit Vouchers from Human Resources Administration Loft Unit Subject to Rent Regulation, But Four-Year Lookback Period Applies Tenant Engaged In Illegal Short-Term Rentals

Real Property Law

September 01, 2020

Questions of Fact Remain About Whether Subsequent Mortgagee Had Actual Notice of Improperly Recorded Mortgage Inadequate Proof to Establish Title By Adverse Possession Discontinuance of Earlier Foreclosure Action Did Not Toll Statute of Limitations Contract Vendee Adequately Alleged Improper Rescission By Seller Subsequent Purchaser Proteced Against Deed to Lender

Development

September 01, 2020

Landowner Had Vested Right to Mine Parcel

Eminent Domain Law

September 01, 2020

Claimant Must Repay Advance Payment When Judgment Determines That Value Was Smaller Than Advance

Court of Appeals Upholds Pipeline Condemnation

August 01, 2020

This article focuses on a recent decision upholding a pipeline developer's exercise of eminent domain under New York law in National Fuel Gas Supply Corp. v. Schueckler.

Eminent Domain Law

August 01, 2020

Condemnee Entitled to Consequential Damages To Contiguous Parcel Valuation for Prospective Use Rejected

Landlord & Tenant Law

August 01, 2020

Statute of Frauds Bars Lease Claim Buildings Constitute Horizontal Multiple Dwelling No Agreement to Renew No Wrongful Eviction When Subtenant Remains On Premises

Real Property Law

August 01, 2020

Alleged Title Defect Did Not Excuse Failure to Close Statute of Limitations Bars Foreclosure Claim Statute of Limitations Did Not Extinguish Mortgage

Co-ops and Condominiums

August 01, 2020

Shareholder Did Not Breach Proprietary Lease

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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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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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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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