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What Is Property for Due Process Purposes?

October 01, 2023

Although the federal constitution protects against deprivation of property without due process, the Second Circuit and federal district courts have erected significant barriers to dues process claims by landowners who challenge municipal permit denials or revocations.

Landlord & Tenant Law

October 01, 2023

Questions of Fact About Whether Tenant Exercised Renewal Option Hearing Necessary to Determine Whether Landlord Can Remove Tenant to Complete Restoration Work Questions of Fact About Landlord Fraud Additional Security Deposit Constitutes Source of Income Discrimination

Real Property Law

October 01, 2023

Questions of Fact Remain About Width of Easement Transfer Invalidated As Fraudulent Transfer Cotenant's Operation of Mine Not Enjoined Homeowners Association Lacked Standing to Enforce Covenant Easement Holder Liable for Trespass After Easement Was Extinguished

Development

October 01, 2023

Site Plan Denial Overturned Claim for Encroachment Reinstated Area Variance Upheld

Co-ops and Condominiums

October 01, 2023

Condominium's Delay Constituted Acceptance of Alteration Agreement

Second Department Rules That Cooperative Apartment Owners' Rights Are Precarious

September 01, 2023

On June 14, 2023, the Second Department decided Walsh v Ocwen Loan Servicing. The court, with little fanfare, appeared to rule that cooperative apartment owners are saddled with an unavoidable risk of loss. That is, if a lender alleges that the owners have defaulted, and then conducts a nonjudicial foreclosure sale, the former owners are left with few remedies.

Co-ops and Condominiums

September 01, 2023

Co-Op Purchaser Not Entitled to Cancel Contract Stipulation of Settlement Did Not Foreclose Warranty of Habitability Claim Questions of Fact About Mitchell-Lama Succession Rights

Eminent Domain Law

September 01, 2023

Taking Was for a Public Purpose and Failure to Comply With Public Hearing Requirement Did Not Invalidate Taking

Development

September 01, 2023

Fact Questions About Expansion of Nonconforming Use Subdivision Improperly Classified As Type II Action Under SEQRA ZBA Entitled to Approve Permit for Building Larger Than One Depicted In Approved Site Plan

Landlord & Tenant Law

September 01, 2023

Tenant's Early Termination Entitled Landlord to Rent Questions of Fact About Landlord's Intention to Convey Leasehold to Individual

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Considerations When Entering Into a Tolling Agreement
Defense counsel in complex white-collar investigations are often asked to waive these important protections by entering into tolling agreements, stopping the clock on the statute of limitations at issue. Whether such an agreement is actually in a target or subject's best interest presents a difficult question, and COVID-19 has impacted the calculus.
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'Huguenot LLC v. Megalith Capital Group Fund I, L.P.': A Tutorial On Contract Liability for Real Estate Purchasers
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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