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April 01, 2019

Landlord's Improper Incorporation

March 01, 2019

New York law has long required that zoning be in accordance with a comprehensive plan. Historically, the plan requirement has been toothless. Legislative efforts to invigorate the requirement have largely been ignored by the courts. Yet litigants continue to challenge zoning ordinances as inconsistent with a comprehensive plan.

Real Property Law

March 01, 2019

Ownership of Shifting Beaches Brokerage Commission Provision Expired Adverse Possession/Tennis Court Deed Obtained by False Pretenses

Development

March 01, 2019

Negative Declaration/Time Bar No Estoppel Against Village Denial of Area Variance

Landlord & Tenant

March 01, 2019

Prior Judgment Does Not Bar Breach Claim Accommodation of Disabilities

Cooperatives and Condominiums

March 01, 2019

Right to Rooftop Space

First Department Construes Open Space Requirement

February 01, 2019

In Peyton v. New York City Board of Standards and Appeals, the First Department faced a difficult question: when a zoning lot includes more than one building, can open space accessible to residents of one building, but not to residents of the other buildings, count as open space within the meaning of the New York City Zoning Resolution?

Landlord & Tenant

February 01, 2019

Tenant's Contractor Has Lien Against Landlord's Interest Stipulation of Settlement Between Landlord and Tenant Did Not Release Guarantor Landlord Bound By Rent Mistakenly Set By Temporary Receiver

Real Property Law

February 01, 2019

Lot Owner Lacks Standing to Compel Payment of Assessments No Foreclosure Jurisdiction Over Deceased Owners Questions of Fact Preclude Summary Judgment on Claims of Easement By Necessity and Prescription

Development

February 01, 2019

Zoning Board Bound By Prior Determination Planning Board Had Rational Basis to Require Church to Record an Easement Special Permit Denial Overturned Restrictive Zoning Ordinance Sustained Against Multiple Challenges

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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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'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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