In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
Developer Has Obligation to Protect Neighboring Structures Even If They Do Not Abut Developer's Parcel
Attorney's Fees May Be Available to Neighbor Who Negotiates License for the Purpose of New Construction
Abuse of Power of Attorney Renders Deeds Invalid
No Wrongful Eviction Even Though Judgment of Eviction Was Reversed on Appeal
No Vested Right In MCI Increases
Executive Order 202.8 Does Not Apply to Tenant Who Voluntarily Vacated
Questions of Fact Preclude Summary Judgment on Unit Owner's Right to Exclusive Use of Outdoor Space
Condominium Election Inconsistent With Bylaws
Challenge to Rental Restrictions Dismissed As Time-Barred
In a reversal of the District Court, the Second Circuit Court of Appeals found that the failure of a local Zoning Board of Appeals to hold a hearing on an appeal from the determination of the building inspector, constituted a final determination that was ripe for judicial review.
Forgery Claim Not Barred By Statute of Limitations, Laches, or Equitable Estoppel
Recorded Easement Was Abandoned
No Easement By Implication Where Parcel Had Water Access from a Different Lot
Settlement Agreement Did Not Terminate Guarantor's Obligation
Tenant Failed to Raise Question of Fact About Whether Building Contained Six or More Units and Was Therefore Subject to Rent Stabilization
Landlord Not Entitled to Future Rent from Tenant While Also Enjoying Possession
Guarantor Not Liable for Use and Occupancy
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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.
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.
The trade war between the United States and China has had far-reaching effects on international trade and the global economy. The dispute is slowly developing into a battle of attrition, without any immediate resolution on the horizon despite ongoing trade talks. As businesses change the way they operate in response to this unpredictable trade environment, counsel should consider the risks and potential impacts on corporate IP strategy.
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
