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November 01, 2018

Broker Entitled to Commission Even Without Contract Questions of Fact Remain About Standing to De-Accelerate Mortgage Debt Installment Seller Cannot Enforce Forfeiture Clause in Ejectment Action Seasonal Use Sufficient to Establish Prescriptive Easement

Development

November 01, 2018

Changes in Regulatory Landscape Justify Rescission of Negative Declaration Definition of Family Not Unconstitutionally Vague

Transient Rental Ban Does Not Violate Fair Housing Act

October 01, 2018

In a recent decision, the Eastern District of New York dismissed a multi-pronged challenge to a local municipal ordinance that regulates rental of property on a short-term or transient basis.

Real Property Law

October 01, 2018

Neighborhood Garden Users May Establish Adverse Possession Claim Purchaser Entitled to Return of Down Payment Upon Revocation of Mortgage Commitment After Expiration of Contingency Period Law Firm Not Liable to Non-Client for Turnover of Escrow Funds Law Firm Not Exempt From Claim Under RPL 265-B Presumption of Due Execution Rebutted Title Insurance Regulation Annulled

Development

October 01, 2018

City Not Estopped to Object to Nonconforming Building Lawyer Advertising Billboards Not Treated As Onsite Advertisements Town Not Obligated to Consider Zoning Amendment East Harlem Rezoning Upheld

Landlord & Tenant

October 01, 2018

Failure to Register Precludes Landlord from Collecting Otherwise Lawful Rent Increases Unlawful Entry and Detained Proceeding Requires Proof of Possession

Luxury Decontrol for Couples Living Apart

September 01, 2018

The Rent Regulation Reform Act provides for deregulation of rent-stabilized apartments occupied by tenants whose income exceeds the statutory threshold. When a married couple lives in the apartment, the income of both spouses counts in determining whether the threshold is met. But suppose only one spouse occupies the apartment as a primary residence. When, if ever, should the income of the other spouse be counted towards the threshold?

Cooperatives & Condominiums

September 01, 2018

Assignment of Right to Purchase Held Not Fraudulent

Real Property Law

September 01, 2018

Temple Awarded Specific Performance of Agreement to Reconvey Inadequacy of Sale Price Insufficient to Set Aside Foreclosure Sale Questions of Fact About Purchaser's Ability to Perform Knowledge of True Owner's Claim Does Not Defeat Adverse Possession Defense Contract Vendee Entitled to Specific Performance Land Seller Did Not Violate General Business Law Section 349 Statute of Limitations Bars Foreclosure Claim

Landlord & Tenant

September 01, 2018

Subletting Rent Stabilized Apartment for Short Periods Is Not a Curable Defect Tenant May Terminate When Landlord Failed to Cure Landmarks Violation Breach and Fraudulent Inducement Claims Survive Motion to Dismiss Late Fees Not Enforceable Subtenants Not Entitled to 30 Day Notice

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With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
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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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