Changes in Lot Number: When Does a Purchaser Have a Duty to Inquire?
October 01, 2019
Block and lot indexes prevalent in New York City were designed to make title searches simpler than those necessary under the grantor-grantee index system prevalent in many other areas of the state and country. Suppose, however, block and lot numbers change over time. To what extent are purchasers on notice of deeds recorded under a block and lot number different from the one prevalent at the time of purchase?
Real Property Law
October 01, 2019
Constructive Trust Does Not Require Transfer In Reliance
Failure to Obtain Subdivision Approval Does Not Make Title Unmarketable
Accounting Necessary When Property Is Purchased With Wrongfully Appropriated Funds,br>
Church Documents Establish That Synod Did Not Wrongfully Take Local Church's Property
Allegations of Fraud Insufficient to Extend Statute of Limitations on Foreclosure Action
Bona Fide Purchaser Prevails Over Mortgagee of Erroneously Discharged Mortgage
Development
October 01, 2019
Landonwner Entitled to Nonconforming Use Status
Public Trust Claim Reinstated
Landlord & Tenant Law
October 01, 2019
Tenant Not Entitled to Recover Consequential Damages for Second Hand Smoke
Tenant Failed to Establish Constructive or Actual Eviction
Failure to Send Statutory Notice Subjects Apartment to Rent Stabilization
Overcharge Claim Dismissed Because DHCR Had Primary Jurisdiction
Co-ops & Condominiums
October 01, 2019
Purchaser Entitled to Return of Downpayment When Co-Op Failed to Consent
Knick: Opening the Federal Courts to Taking Claims
September 01, 2019
When a landowner contends that government action has effected a taking of her property without just compensation in violation of the Fifth Amendment to the U.S. Constitution, where can she sue? Until this past June, when the Supreme Court decided Knick v. Township of Scott, the answer was clear: state court and only state court. Knick changed all that.
Real Property Law
September 01, 2019
Mortgagee Entitled to Deficiency Judgment When Mortgagor's Submissions Are Insufficient to Rebut Mortgagee's Appraisal
Foreclosure Action Proceeds Despite Failure to Formally Discontinue Prior Foreclosure Action
Forbearance Agreement Tolled Statute of Limitations
Foreclosure Proceeding Dismissed for Lack of Standing Did Not Accelerate Mortgage
Landlord & Tenant
September 01, 2019
Landlord Failed to Rebut Presumption of Willfulness
Landlord Substantiated Individual Apartment Improvements
Vacatur of Stipulation for Use and Occupancy Overturned
Occupant's Deception Waived Succession Rights
Setting Rent for Unit First Decontrolled In 1954
Co-ops & Condominiums
September 01, 2019
Commercial Units Should Be Counted In Determining Amount of Reserve Fund
Analyzing the New Tenant Protections
August 01, 2019
On June 14, 2019, New York lawmakers approved, and Governor Cuomo signed, the "Housing Stability and Tenant Protection Act of 2019." The Act contains a series of laws affecting all rentals within the State of New York, making permanent New York's rent regulation laws, which proponents say will ensure that New York's tenants are protected. However, as with any legislation, especially one that seems to have been enacted hastily, there are unintended and possibly quite adverse long-term consequences.
