Whether a property owned by two or more tenants-in-common can be partitioned “in kind,” i.e., by physically dividing the real estate or other property interest, or by subjecting it to a judicial sale, or even whether the property may be subject to partition at all, are issues that courts must decide when the property’s majority and Full Article…
Viewing 1 to 3 of 3 items
Whether Co-op Boards Can Reject a Sale Because the Purchase Price Is ‘Too Low’
“Courts have mostly rejected anti-free market tactics of the board of directors but other cases have given boards discretion to allow such rejections.” Adam Leitman Bailey and John Desiderio discuss these cases and offer that “New York needs the Appellate Division to settle this quarrel.” Financially qualified cooperative buyer’s applications are being rejected by boards Full Article…
When Is Part Performance ‘Part Performance in Real Estate Cases’?
Adam Leitman Bailey and John Desiderio discuss the issue of “part performance,” the doctrine of which can overcome the Statute of Frauds in circumstances when parties enter into unwritten deals and don’t contemplate all the possible circumstances that might arise in the course of their dealings. In my 27 years as a real estate litigator, until recently, I Full Article…
Twitter