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We found 1,594 results for "New York Real Estate Law Reporter"...

Real Property Law
May 01, 2019
Affirmative Covenant Enforceable Against Successor Developer<br>Post-Sandy FEMA Height Requirements Might Make Restrictive Covenant Unenforceable
Landlord & Tenant
May 01, 2019
Claim Based On Retaliation for Assertion of Fair Housing Rights Dismissed<br>Failure of Consideration a Defense In Action Against Tenant's Guarantor
Cooperatives and Condominiums
May 01, 2019
Sponsors Not Entitled to Indemnification for Faulty Construction
Claim of Non-Purchasing Tenant Status Rebuffed
April 01, 2019
When developers convert occupied buildings to condominiums or, less frequently, cooperative ownership, non-purchasing tenants are protected from eviction. When tenants in those buildings acquire vested rights as non-purchasing tenants is significant for developers, because the timing dictates the number of units that will be available for sale to outside purchasers. It is, therefore, no surprise that this is a highly charged and contested issue.
Development
April 01, 2019
Cemetery Entitled to Use Variance<br>ZBA Usurpation of Planning Board Authority<br>Statutory Factors Need to Be Considered In Denial of Area Variance
Eminent Domain
April 01, 2019
Condemnation Award Reduced
Real Property Law
April 01, 2019
Title Insurance Inducements<br>Purchaser's Willful Default/Down Payment<br>Tortious Interference Claim Reinstated<br>Easement Scope<br>Mortgage Acceleration
Landlord & Tenant
April 01, 2019
Landlord's Improper Incorporation
The Comprehensive Plan Requirement
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<br>Brokerage Commission Provision Expired<br>Adverse Possession/Tennis Court<br>Deed Obtained by False Pretenses

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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