In his Zoning and Land Use Planning column, Anthony S. Guardino discusses how more and more local governments throughout the state are relying on a 1999 Court of Appeals decision to enact zoning changes that preserve open space and other natural resources.
In their Financing column, Jeffrey Steiner and Jason Goldstein caution real estate lenders to use caution now more than ever to avoid problems resulting from illegal activity occurring at collateral property.
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Primer Construction v. Empire City Subway Company,” a construction case where a contractor sued a utility company to recover the costs of construction and “Hudson City Savings Bank v. Woodard, ” dealing with a residential foreclosure action.
In their Construction Law column, Kenneth Block and Joshua Levy conclude that when representing a project owner, ensuring the agreement between the owner and the owner's representative contains both a properly delineated scope of authority and a comprehensive indemnity is "critical."
In their Rent Regulation column, Warren Estis and Jeffrey Turkel explore recent case law addressing issues stemming from 'Roberts v. Tishman,' including fraud, treble damages, rent freezes due to failure to register, and an owner’s right to seek luxury deregulation for stabilized apartments after J-51 benefits expire.
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses "Jovic v. Blue," "Liev v. Jones," "Ciampa Bell v. Han," and "Leonard H. Shapiro Revocable Living Trust v. Achenbaum."
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses 'Nick and Duke v. New York Housing Preservation', where it was held that a housing agency's failure to ensure notice constituted a Due Process Claim.
In their Taxation column, Ezra Dyckman and Daniel W. Stahl discuss the case 'Windham v. Commissioner,' noteworthy because the taxpayer was able to convince the Tax Court that she met the test for qualifying as a real estate professional despite having a separate job as a stockbroker.
CourtNotes, offered exclusively by the New York Law Journal, is a comprehensive listing of news and updates from the Federal, State and Appellate Courts. CourtNotes is updated on a daily basis to bring you the most current information happening in the New York Courts today.
Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “Hahn v. Hagar” where the court held that development rights are considered 'real property' under RPAPL §1602; but that the plaintiffs failed to establish their entitlement to relief pursuant to that statute, and “Bodenstab v. Saint-Gobain Performance Plastics Corp,” which involved 16 consolidated cases arising from the contamination of groundwater.
In their Transactional Real Estate column, Peter Fisch and Mitchell Berg of Paul, Weiss, Rifkind, Wharton & Garrison discuss representation and warranty insurance which has become commonplace in M&A transactions. They offer the question of whether real estate transactions will follow suit, and conclude that "for more complex transactions, where traditional due diligence may fall short or be impractical, or where an entity rather than an asset is being acquired, the answer may be yes."
Adam Leitman Bailey and Dov Treiman discuss how, with homeless populations continuing to swell and charitable organizations looking to help house them, a thorough understanding of the applicable principles of rent stabilization is becoming increasingly essential. They discuss the recent decision of the Appellate Term, First Department in '2363 ACP Pineapple v. Iris House,' which they find highlights practitioners’ misunderstanding of the theoretical issues involved.
In his Realty Law Digest column, Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “36 East 20th Str. Realty v. Parea Group,” where a landlord's knowledge of its tenant's installation flagpole led to the dismissal of an eviction proceeding, and “Westbury Senior Living v. Clements,” where the court held that the assisted care facility at issue could not use a special proceeding to sue guarantors.
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