The history of real property law is replete with litigation over how one property owner’s assertion of its rights to control and adapt their property impacts their neighbors. These cases usually involve damage to a neighboring property resulting from acts of so-called trespass—which might better be termed a nuisance—one of the most common being damage Full Article…
Viewing 1 to 7 of 7 items
One of the Bedrocks of Real Estate Transfers: The Statute of Limitations Cannot Be Extended By State Courts in New York
In their article, Adam Leitman Bailey and Jeffrey Metz discuss how, in New York, courts generally lack the authority to extend statutes of limitations, with only narrow exceptions permitting tolling which reinforces the importance of timely legal action in real estate matters. Real estate markets require certainty. Lenders, developers, and all real estate actors require Full Article…
Lawful Source of Income Anti-Discrimination Laws as Applied to Rentals
Both New York State and New York City, as well as other municipalities within New York State, have laws on the books that prohibit discrimination by owners and managers of housing accommodations against prospective tenants based on the source of the tenants’ income. The New York State and New York City versions of these laws Full Article…
Distributing the Assets of a Limited Liability Corporation
By Adam Leitman Bailey By John M. Desiderio In New York, Limited Liability Corporations (“LLC[s]”) are governed under the Limited Liability Company Law. LLCs have “perpetual existence” but may dissolve without judicial intervention as otherwise provided for in Limited Liability Company Law, §701. Nevertheless, upon the petition of a member, or someone acting on behalf Full Article…
Managing the Ladder: An Overview of Modern Equitable Subrogation
As a follow-up to their previous article published almost 15 years ago, authors Adam Leitman Bailey and Dov Treiman discuss the law of equitable subrogation including many of the possible consequences from this doctrine in foreclosure practice. Almost 15 years ago, we authored “Split Between Departments Muddies Subrogation Doctrine” on this very page and this Full Article…
Avoiding Usury: Determining the Maximum Interest That Can Be Legally Charged
Adam Leitman Bailey, Dov Treiman, and Danny Ramrattan discuss the limited applicability of usury defenses. They write: “In all, this area of the law is deceptively simple and the resolution of any case will require a close examination of the intricacies of the particular matter.” New York imposes two separate rates for determining usury, a Full Article…
Permissive Encroachments Under Post-2008 Adverse Possession Law
Adam Leitman Bailey and John Desiderio discuss how New York Courts are interpreting the way in which RPAPL §543 (Adverse possession; how affected by acts across a boundary line), enacted in 2008 as a new addition to RPAPL Article 5 (Adverse Possession), has changed the law of adverse possession from what it was pre-2008. In Full Article…
Twitter