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Articles 1 - 30 of 43
Full-Text Articles in Law
Theft Of The American Dream: New York City's Third-Party Transfer Program, Joseph Mottola
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
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
The Right Of Publicity: Privacy Reimagined For New York?, Jennifer E. Rothman
The Right Of Publicity: Privacy Reimagined For New York?, Jennifer E. Rothman
All Faculty Scholarship
This essay is based on a featured lecture that I gave as part of the Cardozo Arts & Entertainment Law Journal’s 2 symposium on a proposed right of publicity law in New York. The essay draws from my recent book, The Right of Publicity: Privacy Reimagined for a Public World, published by Harvard University Press. Insights from the book suggest that New York should not upend more than one hundred years of established privacy law in the state, nor jeopardize its citizens’ ownership over their own names, likenesses, and voices by replacing these privacy laws with a new and independent …
A Modern Guide To The Modifications Of The Rule Against Perpetuities In New York, Kyle G. Durante
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
Paddling In Mr. Potter's Backyard: Navigating New York's Navigable-In-Fact Doctrine, Matthew Ingber
Touro Law Review
No abstract provided.
Incorporating Ny Land Banks Into The Delinquent Property Tax Enforcement Processes, J. Justin Woods
Incorporating Ny Land Banks Into The Delinquent Property Tax Enforcement Processes, J. Justin Woods
Elisabeth Haub School of Law Student Publications
This article argues that New York municipalities should integrate land banks into the tax enforcement process to break the unhealthy cycle perpetuated by real estate and lien speculators. By transferring all tax liens and foreclosed properties to local land banks, municipalities can generate an important funding source that will help cover land banks' operations while simultaneously maximizing land banks' ability to reinvest lien proceeds and equity into redeveloping or demolishing properties with little or no value. If New York municipalities use their Land Bank Act powers fully, local and regional land bank efforts can become a vital tools for planning …
Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages, Leon D. Lazer
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
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.
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
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
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
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.
A Tale Of Two Citites: The Residential Landlord's Duty To Mitigate In New York, Jeremy N. Sheff
A Tale Of Two Citites: The Residential Landlord's Duty To Mitigate In New York, Jeremy N. Sheff
Faculty Publications
The past half century has seen sweeping changes to the legal regime applicable to the landlord-tenant relationship, particularly for residential properties. The ancient feudal conception of a lease as a present transfer of an interest in land has given way to a more modem understanding of leases as contracts between a provider of a package of goods and services and their consumer. Among the changes wrought by this conceptual shift has been the imposition of previously unknown obligations on landlords in the event of tenant abandonment. Called either the duty to mitigate or, perhaps more accurately, the avoidable consequences rule, …
The Newly-Enacted Cplr 3408 For Easing The Mortgage Foreclosure Crisis: Very Good Steps, But Not Legislatively Perfect, Mark C. Dillon
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
City Of New York V. Verizon New York, Inc., Michael T. Leigh
NYLS Law Review
No abstract provided.
Community Forests: A Perspective, Robert Mccullough
Community Forests: A Perspective, Robert Mccullough
Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)
22 pages.
"Robert McCullough teaches in the University of Vermont Graduate Program in Historic Preservation. He wrote The Landscape of Community: Communal Forests in New England."
Slides: Tug Hill Commission, Ny, Linda Gibbs
Slides: Tug Hill Commission, Ny, Linda Gibbs
Community-Owned Forests: Possibilities, Experiences, and Lessons Learned (June 16-19)
Presenter: Linda Gibbs, Natural Resources Specialist, Tug Hill Commission, NY
26 slides
Effects Of Legislation On The Reverse Annuity Mortgage As A Means Of Home Equity Control, Dorothy E. Cumby
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
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
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
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.
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
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
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
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
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 …