By Scott Mollen | July 27, 2021
In this edition of his Realty Law Digest column, Scott Mollen discusses a co-op case, '800 Grand Concourse Owners v. Charlene Thompson', where the appellate court affirmed a judgment granting a co-op's motion for summary judgment and awarded possession of a cooperative apartment to the petitioner in a holdover summary proceeding; 'JS Equity Holdings 1 LLC v. 527Myrtle LLC', in which the court denied a motion to cancel a notice of pendency; and 'Gridley v. Turnbury Village LLC', a landlord-tenant matter holding that landlord did not engage in fraud to deregulate an apartment.
14 minute read
By ALM Staff | July 22, 2021
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
By Suzette Parmley | July 22, 2021
"Appellants argue that EO 128 fails both prongs in that it is neither rationally related to protecting the public from damage related to COVID-19, nor is it closely tailored to the magnitude of the emergency," the appellate panel said. "We disagree, finding both prongs satisfied."
6 minute read
By Stewart E. Sterk | July 22, 2021
In Francis v. Kings Park Manor, Inc., the Second Circuit upheld dismissal of tenant's claims against a landlord who failed to take action against a harassing tenant. The court's holding did not give landlords a free pass, but it did establish that to survive dismissal, a harassed tenant's complaint will have to include more than bare-bones allegations of intentional discrimination.
6 minute read
By Suzette Parmley | July 20, 2021
In "H.C. Equities v. County of Union," the New Jersey Supreme Court ruled that H.C. Equities failed to file a timely Tort Claims Act notice against its commercial tenant and that a finding of substantial compliance cannot be premised on comments by plaintiff's counsel in three different letters with three different dates sent to the defendant's lawyers.
6 minute read
By Scott Mollen | July 20, 2021
In this edition of his Realty Law Digest column, Scott Mollen discusses a contracts case, "110 East 138 Realty v. Rydan Realty', where the court held that a real estate purchaser who defaults on his contract is not entitled to the down payment, and a landlord-tenant case, "Hibbert v. Powell," where the court awarded the tenant punitive damages after the owner shut off the water supply during the pandemic.
17 minute read
By Cedra Mayfield | July 14, 2021
"The court's decision sets a dangerous precedent about what an administrative agency can get away with when it utters the word 'emergency,'" said Caleb Kruckenberg, New Civil Liberties Alliance litigation counsel.
4 minute read
By Gordon F. Peery | July 8, 2021
A second wave of national security concerns hit real estate markets in the United States — the publication of rules focusing on real estate by the U.S. Department of the Treasury is the catalyst of national security reviews of certain leases, purchases, sales, joint ventures and other investments with non-U.S. parties.
12 minute read
By Warren A. Estis and Jeffrey Turkel | July 6, 2021
RSL §26-517(e) states that the "failure to file a proper and timely initial or annual registration statement shall, until such time as a proper registrations filed," freeze the stabilized rent. The courts have established a general rule as to when a registration is deemed proper, and have also established an exception to that rule. In their Rent Stabilization column, Warren Estis and Jeff Turkel examine the rule and its exception.
7 minute read
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