Case Law Shorts July 10, 2021
Filing of Foreclosure Action Accelerates Debt Notwithstanding Non-Service on Defendants/Limitations

Case Law Shorts June 29, 2021
City Tax Foreclosure/Notice/Due Process

Case Law Shorts, June 16, 2021
Recorded Restriction as Derivative of Zoning Regulation/Title Insurance/Breach of Contract

Case Law Shorts, January 20, 2019
Rapid Review and Completion of Environmental Assessment Form Is Not Arbitrary and Capricious.

Case Law Shorts, January 10, 2019
Wetlands Designation Constitutes Taking But 75 Percent Increment Not Supported

Case Law Shorts, December 20, 2018
Defendant Waives Personal Jurisdiction In Foreclosure Action By Agreeing to Settle A Deficiency Judgment Via Email

Case Law Shorts December 6, 2019
Burden of Proof/Special Use vs. Variance/Applicant Prevails on Appeal of Gas Station Permit Denial

Case Law Shorts November 17, 2018
Borrower Fails to Thwart Bank’s Unrecorded Mortgage

Case Law Shorts November 17, 2018
Administrator Loses Bid to Set Aside Deed From Heirs

Case Law Shorts November 8, 2018
Court Appoints Wife as Receiver to Convey Husband’s Interest in Home

Case Law Shorts November 8, 2018
Developer Succeeds in Overturning Local Law Authorizing Town’s Retention of Building Permits (Lot Holdback Provision) Notwithstanding Developer’s Failure to Comply with Infrastructure Requirements

Case Law Shorts October 26, 2018
Foreclosure/Standing/Note/Business Records Exception

Case Law Shorts October 26, 2018
Village Compensation in Condemnation “Substantially Undervalued”/Litigation Fees Awarded

Case Law Shorts October 9, 2018
Action to Recover HOA Maintenance Fees Based Upon Account Stated Fails

Case Law Shorts October 9, 2018
Foreclosure/Acceleration/Limitations

Case Law Shorts July 2, 2014 New York Court of Appeals
New York’s Highest Court Upholds Town-Wide Fracking Ban

Case Law Shorts 12/9/13 New York Appellate Division, Second Dept.
Title Insurer/Survey Reading/Trail/Specificity/Rights of Others

Case Law Shorts 12/20/13 New York Appellate Division, Second Dept.
Barrel of Fish Hooks - Husband forges wife’s name, transfers property multiple times, and to his assumed name, obtains a mortgage and ultimately sells property (to avoid equitable distribution)

Case Law Shorts 12/30/13 New York Appellate Division, Second Dept.
State Not Liable for County Clerk’s Error in Docketing a Judgment/Semantics

Case Law Shorts 11/7/13 New York Appellate Division, Second Dept.
Non-Marital Children Oust Siblings as Administrators via Affidavit

Case Law Shorts 11/20/13 New York Court of Appeals
3000 Year Old Assyrian Tablet That Was Removed from German Museum During WWII Returned After Surrogates Court Reversed on Latches Ruling

Case Law Shorts 10/1/13 New York Appellate Division, Second Dept.
Deed/Undue Influence/Daughter vs. Step-Daughter/Mortgage

Case Law Shorts 10/1/13 New York Appellate Division, Second Dept.
Validity of Mortgage/Corp. Apparent Authority/President vs. “President”/Sole Shareholder

Case Law Shorts 9/3/13 New York Appellate Division, Second Dept.
Deed/Acknowledgment Trumps Parties Clause/Intent of Grantor

Case Law Shorts 8/27/13 New York Appellate Division, Second Dept.
POA/Conveyance by Agent to Self/Will/Executor vs. Agent/Bank of America/Encumbrancer for Value/Deed Set Aside

Case Law Shorts 8/22/13 New York Appellate Division, Second Dept.
Fence Encroachment/Title Policy Exception for Fence Variations/Ejectment/Trespass

Case Law Shorts 8/16/13 New York Appellate Division, Second Dept.
MERS/Assignment of Only One of Consolidated Mortgages/Null and Void

Case Law Shorts July 19, 2013 New York Appellate Division, Second Dept.
Deed/Fraudulent Conveyance/Debtor Creditor Law/ "Badges of Fraud"/Intent

Case Law Shorts July 7, 2013 New York Appellate Divison, Second Dept.
MERS/Mortgage Foreclosure/Standing/Holder of Note and Mortgage

Case Law Shorts July 7, 2013 New York Appellate Division, Second Dept.
Easement/Driveway/Subdivision/Over-Burdening

Case Law Shorts 6/25/13 New York Appellate Divison, Second Dept.
Boundary Line Dispute/Curb, Hedge and Fence/"Doctrine of Practical Location"

Case Law Shorts 6/25/13 New York Appellate Division, Second Dept.
Action to Set Aside Deed Executed by Managing Member

Case Law Shorts 6/18/13 New York Court of Appeals
Mortgage Foreclosure/Priority/Mechanic's Liens/Failure to File Building Loan Agreement/Acquision Costs Not Subordinated to Mechanic's Liens

Case Law Shorts 6/18/13 New York Court of Appeals
Tax Assessment/Lead Based Paint Contamination/Market Value

Case Law Shorts 6/4/13 New York Appellate Division, Second Dept.
Title Insurance/Post-Policy Event vs. Post-Closing Boundary Line Agreement and Pre-Closing Settlement Agreement

Case Law Shorts 6/4/13 New York Appellate Division, First Dept.
Mortgage Foreclosure/Mechanic’s Lien/Bank’s Breach of Contract to Fund Building Loan/Estoppel Certificates

Case Law Shorts 4/15/13 New York Court of Appeals
Mortgage Foreclosure/Deficiency Judgment/90 Day Rule/Delivery /Acceptance of Deed

Case Law Shorts 4/15/13 New York Appellate Division, Second Dept.
Mortgage Foreclosure/Judicial Activism/Judge Admonished/Standing

Case Law Shorts 9/15/12 Texas Supreme Court
JOA/Exculpatory Clause/“all such operations” vs. “its activities”

Case Law Shorts 9/15/12 Texas 14th Court of Appeals
Inverse Condemnation/Ordinance Restricting Drilling

Case Law Shorts July 2012 New York Court of Appeals
Broker Commission/Due Diligence Reports/Unjust Enrichment

Case Law Shorts July 2012 New York Court of Appeals
Private Road/Public Use/Public Road/Village Maintenance Requred

Case Law Shorts March 2012 New York Court of Appeals 
Total Rent Abatement/Deminimis Entry By Landlord

Case Law Shorts Mar 2012 New York Court of Appeals
In Rem Tax Foreclosure/Constitutional Due Process/Notice of Foreclosure Action Notice vs. Notice of Redemption

Case Law Shorts December 2011 New York Appellate Division, Second Department
Judicial Activism/Foreclosure

Case Law Shorts December 2011 New York Appellate Division, Second Department
Adverse Possession/Pre-Revision Application

 

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