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September 01, 2018

Signs Not Compliant With Zoning Ordinance

August 01, 2018

On April 26, 2018, a unanimous Court of Appeals held that apartments vacated between 1997 and 2011 will be considered luxury deregulated where the legal regulated rent was $2,000 or more at the time the incoming tenant moved in. The court reversed the First Department, which had held that such apartments would not be deregulated unless the rent was $2,000 or more at the time the outgoing tenant vacated.

Landlord & Tenant

August 01, 2018

Unique Circumstances Require Rent Recomputation City Human Rights Law Requires Landlord to Convert Window Into Wheelchair Accessible Entrance “As Is” Clause Does Not Bar Claim That Landlord Intentionally Caused Defective Conditions

Development

August 01, 2018

LPC's Denial of Hardship Application Upheld Developer's Failure to Obtain Final Decision Deprives Federal Court of Subject Matter Jurisdiction Spot Zoning and SEQRA Challenges Rejected

Cooperatives & Condominiums

August 01, 2018

Purchaser Adequately Alleged Concealment of Defects Space Allocation Cannot Be Changed Without Unanimous Vote; Unjust Enrichment Claim Survives

Real Property Law

August 01, 2018

No Easement Created<r>Grant Created Valid and Alienable Possibility of Reverter Contract Vendee Entitled to Specific Performance Questions of Fact About Scope of Mortgage

The Comprehensive Plan Requirement

July 01, 2018

Does a local law requiring site plan review satisfy the statutory requirement when a town (or village) has enacted neither a formal comprehensive plan for a zoning ordinance?

Development

July 01, 2018

Developer Had No Vested Right to Subdivision TDR Provision Not Adequately Referred to County Planning Board

Landlord & Tenant

July 01, 2018

Vacancy Increase Counts in Determining Rent Deregulation Threshold LINC Program Violates Urstadt Law Fraud Justifies Rent Overcharge Award Fair Housing Act Claim Not Barred By Statute of Limitations

Real Property Law

July 01, 2018

Contract Satisfies Statute of Frauds Contract Vendee Failed to Perform Questions of Fact Preclude Dismissal of Constructive Trust Claim Questions of Fact About Scope of Mortgage

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The Article 8 Opt In
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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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