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Court Ruling Makes Some Evictions Easier

  • Appellate Litigation, Real Estate Administrative Proceedings/Environmental Control Board, Tenant Representation

By JAY ROMANO A decision by a New York appeals court has resulted in a major change in how eviction cases involving tenants in illegal apartments are handled in Brooklyn, Queens and Staten Island. The decision, binding on lower courts in those boroughs, allows landlords to use Housing Court — rather than the state’s trial  Full Article…

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Understanding, Complying With New Real Estate Settlement Procedures Act Rules

  • Adam Leitman Bailey, Appellate Litigation, Mortgage Finance Practice Group

By Adam Leitman Bailey and Dov Treiman The Real Estate Settlement Procedures Act has governed costs associated with residential mortgage transactions since 1974, but it became the subject of significant controversy as reports surfaced of abuses by lenders and third-party service providers. After many halting attempts to overhaul the RESPA rules, the Department of Housing  Full Article…

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Appellate Division Finds that Condo Board Not Liable For Repairing Newly Constructed Building

  • Appellate Litigation, Condominium & Cooperative Representation, Real Estate Administrative Proceedings/Environmental Control Board

On November 8, 2009, the Appellate Division ruled that a building’s developer and not a condominium board shall be responsible for making repairs to a newly constructed building. In Lorne v. 50 Madison Avenue LLC, a unit owner sued the board of directors for failing to remediate a construction defect. A unanimous Appellate Division dismissed  Full Article…

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Appellate Division Rules on Commercial Leasing

  • Appellate Litigation

By Adam Leitman Bailey and Jeffrey R. Metz Many times, cooperatives and condominiums have commercial retail spaces connected to or below their building. These are immensely valuable as a result of the income generated by these stores and restaurants. Ergo, the importance of a new decision from the Appellate Division. Two decades ago, New York  Full Article…

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