In the state of New York a New York Mortgage Recording tax is due and payable on each mortgage transaction both for purchases and refinances. The mortgage tax rate varies from county to county. In the five boroughs of New York City the rate is 1.8% on mortgage amounts under $500,000.00 and 1.925% on mortgage Full Article…
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The Current State of Attorneys Fees
By Dov Treiman A recent decision of the Appellate Division, First Department, Krodel v. Amalgamated Dwellings, Inc., 166 A.D.3d 412, 88 N.Y.S.3d 31 (2018) inspires us to reexamine New York’s doctrine about recovering attorneys fees in litigation. Krodel itself explores a corner of the “American Rule” that holds that one cannot recover attorneys fees from an adversary in Full Article…
The New Rules of Seeking a Buyout of a Rent-Regulated Tenant
By Adam Leitman Bailey and Dov Treiman January 29, 2019 The New Rules of Seeking a Buyout of a Rent-Regulated Tenant In their Rent Regulation column, Adam Leitman Bailey and Dov Treiman discuss how recent changes to the New York City Administrative Code along with a recent decision in the Appellate Term, First Department, have Full Article…
TIC for tat: Court moves the goal posts in cotenancy rules
March 1, 2018 By: Massimo F. D’Angelo When joint owners of real property are unable to get along with each other, they are armed with a very powerful legal remedy, that of the partition. Any joint tenant or tenant-in-common who no longer desires to hold property in common with their fellow co-tenants, may maintain, as Full Article…
The Sound and the Fury: Noise in Rentals, Co-ops and Condos
By Adam Leitman Bailey and Dov Treiman As New York City experiences ever denser housing, the problems with noise laws resound ever more clearly. The noise has gotten louder for many reasons. First more families have chosen to reside in this city and one of the loudest and unrepresented group of violators has been screaming Full Article…
Impact of New York City’s Amended Noise Control Code, New York Law Journal
July 2nd, 2008 Although noise is a reality of modern urban living, it is also considered the leading quality of life issue in New York City.1 After nearly 40 years, the New York City Noise Control Code (the Code) was amended, effective July 1, 2007 (the Amended Code).2 The amendments define unreasonable noise as sound Full Article…
Disabled Resident Parking Spaces: Issues for Condo/Co-op Boards, Developers, BNA Real Estate Law & Industry Report
Adam Leitman Bailey and John M. Desiderio discuss the handicap laws that boards must follow and their obligations to proved disabled parking spaces.
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