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December 31, 2013

Penthouse Owner Can't Stop Roof Garden <BR>Co-Op Board Cannot Reallocate Shares

Reconsidering the Special Facts Exception

December 31, 2013

Special facts is a court-created equitable doctrine that allows a land use applicant to avoid the impact of a change of zone enacted while the application is pending, by showing significant governmental delay of the application together with proof that but for the delay, the landowner would have been able to vest in its use before the zoning was changed. In November 2013, the Court of Appeals decided <i>Rocky Point</i>, a case that the plaintiff (represented by the author) hoped would not only allow it to prevail, but would also clarify the special facts doctrine.

Real Property Law

November 27, 2013

In-depth analysis of two major rulings.

Landlord & Tenant

November 27, 2013

A number of important rulings are analyzed and discussed.

Development

November 27, 2013

Analysis of two key cases.

Nonprimary Residence Proceedings

November 27, 2013

If a trial court determines that a tenant did ' or did not ' maintain his primary residence in his rent-stabilized apartment, what standard of review must an appellate court apply in reviewing that determination?

Settlement in Chambers

November 26, 2013

Matrimonial Courts routinely accept that oral settlements dictated on the record in open courts are valid and binding. But here's what you need to know.

Real Property Law

October 30, 2013

Several keycases and their outcomes are analyzed.

Landlord & Tenant

October 30, 2013

Discussion of two key cases.

Cooperatives & Condominiums

October 30, 2013

Analysis of a recent key ruling.

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