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We found 1,533 results for "New York Real Estate Law Reporter"...

Co-ops and Condominiums
June 01, 2024
Unit Owner's Claim Against Condo Board for Inaction Survives Summary Judgment Motion
Development
June 01, 2024
Constitutionality of Boarding House Definition Town's Use of Escrow Funds Upheld Planning Board Failed to Consider Public Safety Issue Denial of Special Permit Upheld Due to Traffic Concerns Questions of Fact About Whether Agreement Included Acquisition of Air Rights Zoning Amendment Not Arbitrary Even If It Would Authorize Uses Prohibited By Restrictive Covenants
When Is A Pretext By A Municipality A Bar To Land Use Approvals?
May 01, 2024
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Court of Appeals Addresses Pretext By Municipalities As A Bar to Land Use Approvals?
May 01, 2024
Recently, there have been several instances in which municipalities have been challenged by property owners claiming that the municipal boards have utilized delaying tactics and other actions as a pretext to prevent development of their properties.
Co-Ops and Condominiums
May 01, 2024
Housing Discrimination Claim Dismissed Co-Op Did Not Breach Shareholder's Guaranty Agreement Co-Op Not Exempt from Lead Paint Mandate
Development
May 01, 2024
Environmental Group Has Standing But Loses On the Merits of Challenge to Subdivision Approval Applicant Entitled to Permit For Small Wireless Facilities
Landlord & Tenant Law
May 01, 2024
Occupation of Premises Does Not Establish Assignment By Operation of Law Amendment to Rent Stabilization Law Is Not Unconstitutional
Real Property Law
May 01, 2024
Summary Judgment Denied On Prescriptive Easement Claim Summary Judgment Denied On Breach of Contract Claim Contract Condition Was For Benefit of Both Parties Statute of Limitations Did Not Bar Claim of Permanent Physical Encroachment
The Guaranty Law Continues to Divide Opinion
April 01, 2024
This article discusses the recent developments surrounding the constitutionality of the Guaranty Law. In particular, we address the Southern District's view that the statute is unconstitutional and the splintered view of the statute's constitutionality expressed by New York State courts.
Development
April 01, 2024
ZBA's Abandonment of Its Prior Determination Invalid Denial of Area Variance Upheld Lease of Town Property Upheld; Property Not Subject to Public Trust East Side Rezoning Upheld Against SEQRA Challenge

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