Law Commons^™

Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola

St. John's Law Review

(Excerpt)

On September 5, 2018, Paul Saunders discovered a notice on the front door of his mother’s home: it stated that the property, a Brooklyn brownstone owned by the family for over forty years, now belonged to a company called Bridge Street. His mother, seventy-four-year-old retired nurse Marlene Saunders, had been notified several months earlier that her home, valued at two million dollars, was in danger of being foreclosed because she owed New York City (the “City”) $3,792 in unpaid water charges. Her son had already paid the water bill, but when he contacted the water department, he discovered that …

Caveat Emptor: Real Property Law’S “Get Out Of Jail Free” Card V. The Property Condition Disclosure Act, Alessandra E. Albano

Touro Law Review

No abstract provided.

Due Process Supreme Court Rockland County

Touro Law Review

No abstract provided.

A Modern Guide To The Modifications Of The Rule Against Perpetuities In New York, Kyle G. Durante

Touro Law Review

No abstract provided.

Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber

Touro Law Review

No abstract provided.

Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, Consumers Union Of United States, Inc. V. New York, Daphne Vlcek

Touro Law Review

No abstract provided.

Court Of Appeals Of New York, Harner V. County Of Tioga, Gerald C. Waters Jr.

Touro Law Review

No abstract provided.

The Eastside Exhibition Rule: The De Minimis Exception For Trifles And Trivialities In Partial Actual Evicition Cases In New York, Stephen L. Ukeiley

Touro Law Review

No abstract provided.

Repulsed By Rap? Renewal Options Are Singing A Different Tune: An Analysis Of Bleecker Street Tenants Corp. V. Bleeker Jones, Llc, Jonathan M. Vecchi

Touro Law Review

No abstract provided.

Against Mushy Balancing Tests In Blight Condemnation Jurisprudence, Roderick M. Hills

Fordham Urban Law Journal

Professor Somin has written an incisive critique of the New York Court of Appeals’ decisions in Kaur and Goldstein, the gist of which is that the Court did not do enough to stop “highly abusive blight condemnations.” There are, however, two difficulties with the critique. First, as a matter of legalistic interpretation of the New York Constitution, the critique is not very persuasive. Second, as a matter of policy, Professor Somin’s proposal is unlikely to be adopted by any judge influenced by the same political process that lead to the condemnations that Professor Somin attacks.

The Newly-Enacted Cplr 3408 For Easing The Mortgage Foreclosure Crisis: Very Good Steps, But Not Legislatively Perfect, Mark C. Dillon

Pace Law Review

No abstract provided.

City Of New York V. Verizon New York, Inc., Michael T. Leigh

NYLS Law Review

No abstract provided.

Takings Clause

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Due Process

Touro Law Review

No abstract provided.

Effects Of Legislation On The Reverse Annuity Mortgage As A Means Of Home Equity Control, Dorothy E. Cumby

Fordham Urban Law Journal

This student note explores the plight of elderly home-owners whose income cannot meet their expenses, and the federal legislation designed to meet their needs, specifically the Reverse Annuity Mortgage (RAM), which draws on home equity to provide monthly cash payments to homeowners. The author explains the legislation authorizing the RAM, describes the pros and cons of different forms of the RAM for elderly homeowners, and suggests modifications that will allow homeowners maximum support without sacrificing their other sources of income, such as Social Security payments and tax benefits. The author also explores New York state legislation dealing with the RAM, …

Conversion Of Apartments To Condominiums And Cooperatives: Protecting Tenants In New York, Charles M. Cobbe

University of Michigan Journal of Law Reform

In recent years, the number of conversions of rental apartments to cooperative and condominium ownership has increased dramatically. Such conversions often result in extreme hardships for tenants in the buildings affected. Those who are unable or unwilling to pay the purchase price of an apartment are generally forced to seek other rental accommodations at a time when these are increasingly difficult to find -a problem which becomes especially severe for elderly tenants and those with low incomes. In addition, tenants who purchase apartments may suffer the abuses which often accompany sales of condominium and cooperative units. A further problem in …

Economic Tipping: An Approach To A Balanced Neighborhood, Frank J. Allocca

Fordham Urban Law Journal

In the recent decision of Trinity Episcopal School Corp. v. Romney, a court, for the first time, was confronted with a proposal to apply a "tipping" standard solely on the basis of income, rather than racial grounds. The case involved a group of middle-income residents seeking to enjoin the State and City of New York, as well as the Department of Housing and Urban Development (HUD) from increasing an area's low-income population through the building of various housing projects. "Tipping" has been defined as "that point at which a set of conditions has been created that will lead to the …

The Corporate Mortgage Under Article 9 Of The Uniform Commercial Code And The New York Solution, George C. Coggins

Michigan Law Review

A corporate mortgage has been defined as "an indenture intended to convey property, real and personal, tangible and intangible, to a trustee for bondholders, as security for the bonds issued and to be issued thereunder" by a corporation. This financing device, utilized by many large corporate organizations, has grown to be of paramount importance in the field of corporate financing, and the lack of attention given by the Code to the long-term debts of corporations has raised serious questions of filing procedures. Discussion of the novel treatment accorded by New York to the problem of perfecting security interests in corporate …

Future Interests - Rule Against Perpetuities - Recent Statutory Amendment In New York, Paul K. Gaston S.Ed.

Michigan Law Review

After 128 years of criticism and confusion and enormous amounts of litigation, New York has amended its statutory rule against perpetuities. The old rule provided that the absolute power of alienation could not be suspended for longer, than "two lives in being" at the creation of the estate plus a minority exception in some cases. Under the new rule the absolute power of alienation can be suspended for a period measured by any number of "lives in being" at the creation of the estate so long as they are not "so designated or so numerous as to make proof of …

Constitutional Law--Impairment Of Obligation Of Contract--Mortgage Moratorium--Determination Of The Existence Of An Emergency, George Brody

Michigan Law Review

In 1943 the New York State Legislature extended its moratorium legislation for another year, thereby continuing the suspension of mortgage foreclosure proceedings on real property due to default in payments on principal. The legislature declared that an emergency still existed and therefore the continuance of legislative action, first taken in 1933, was justified. The law made payment of interest, taxes, insurance and amortization charges a prerequisite to suspension of foreclosure. Appellant brought an action to foreclose a mortgage on appellee's property for the non-payment of principal, contending that the suspension of foreclosure proceedings resulted in an impairment of the obligation …

Waters And Watercourses - Diversion - Reciprocal Easements Implied In Grant, Anthony L. Dividio

Michigan Law Review

The village of Canastota, New York, by deed acquired title to land in which originated a stream, with the right "to take, use and divert all said springs, streams and waters . . . or so much thereof as shall be necessary for the use of Canastota Water Works." Prior to this, the village had acquired from the lower riparian owners on the stream "all their title and interest, in and to the waters from the springs . . . the same to be forever, or so long as second party may desire, diverted . . . . " In …

Landlord And Tenant - Liability Of Subtenant For Rent After Surrender Of Head Lease, Virginia M. Renz

Michigan Law Review

Plaintiff, as assignee of the original lessor, sued the defendant, sublessee, for rent. On September 3, 1930, the head lease was surrendered to the owner, subject to all subleases. The defendant was in possession until about January 4, 1933. At that time he learned of the surrender and vacated the premises. Held, the lessee's surrender of the head lease to the owner did not terminate either the rights or obligations of the sublessee. The doctrine of merger is inapplicable. Metropolitan Life Ins. Co. v. Hellinger, 272 N. Y. 24, 3 N. E. (2d) 621 (1936).

Purchaser's Remedies For Absence Of Marketable Title, Lawrence Linville

Michigan Law Review

"Where a person takes upon himself to contract for the sale of an estate, and is not the absolute owner of it, nor has it in his power by the ordinary course of law or equity to make himself so; though the owner offer to make the seller a title, yet equity will not force the buyer to take it, for every seller ought to be a bona fide contractor: and it would lead to infinite mischief if one man were permitted to speculate upon the sale of another's estate."

The apprehensions of Sugden were not groundless, as three quarters …

Party Walls - Replacement And Removal, Charles W. Allen

Michigan Law Review

The usual American theory of the rights of adjoining land owners in a party wall is that each owns in severalty that part of the wall on his land and each has an easement of support in that part on the land of the other. If the structure is erected under an express contract, the rights of the parties are determined by the terms of their contract. And when the easement of support is created by prescription, its scope is measured by the prior user, and no right to remove or replace the wall can exist by virtue of the …

The Vendee's Lien- On Land And Chattels

Michigan Law Review

The vendee's lien is now firmly established as an equitable device to insure full restitution to the purchaser of land on his rescission for the vendor's fraud or default. It first appeared in a dictum in an early English case where it was suggested as a possible analogy to the implied vendor's lien for the purchase money. But it was 1855 before the question was presented squarely to an English court of record, and 1860 when the House of Lords definitely approved it. Long before this, however, courts of equity in the United States had begun to μse this device …

Future Interests -Transferability Of Right Of Entry For Breach Of Condition

Michigan Law Review

Plaintiff's ancestor conveyed land to the city, on the express condition that the city should construct and forever maintain a "speedway" on the premises conveyed, reserving to himself, his heirs and assigns a right of entry for breach of the condition. Subsequently, before the condition was broken, he conveyed to a third party all his remaining land adjoining the Speedway, "together with all the right, title and interest of the party of the first part, in said Speedway." The breach of the condition having since admittedly occurred, the plaintiff, the heir of the original grantor, sought to assert the right …

Mortgages - Assignment Of Rents And Profits - Michigan Statute

Michigan Law Review

There may be times when legislative action is so obviously dependent upon contemporary circumstances, or when its roots lie so near the chronological surface, that no study of background is possible or necessary. Such is not the case, however, with anything relating to mortgage law; it is too deeply imbedded in our legal system. And though its history be familiar it is felt that a brief review will not be out of place in considering a comparatively recent Michigan statute authorizing the assignment of rents and profits.

Bailments - Innkeepers - Liability For Loss Of Baggage

Michigan Law Review

Plaintiff, a guest at defendant's hotel, on his arrival there gave his trunk check to the head porter who, in turn, gave the check to a licensed expressman. Due to the expressman's negligence the trunk was stolen. At the trial it was shown that it was customary for the defendant to make a separate charge for trunk delivery. Held, defendant was liable for the negligent performance of the contractual duties by the expressman. Davidson v. Madison Corp. (N. Y. 1931) 177 N. E. 393.