Monthly Archives: October 2011

Rats…Foiled Again

A subway rider sought to recover damages for injuries sustained, when he jumped out of a rat's way and fell on the train platform. In premises liability cases actual or constructive notice of the condition is required in order to recover damages from a premises owner. Testimony from an MTA employee found that 20 minutes [...]

By | 2011-10-31T12:47:46+00:00 October 31st, 2011|

Hitting The Gas On Foreclosure Without Checking The Mirrors

A New York District Court upheld an acceleration clause in a mortgage foreclosure action that did not require prior notice. The borrowers default on payments was sufficient enough, after the lender presented to the Court the note, mortgage, and an affidavit stating borrower's default, to satisfy New York's requirements for foreclosure. The New York Law [...]

By | 2011-10-31T12:37:50+00:00 October 31st, 2011|

This Is Not a Commercial For Housing Court But I Think It’s Super

A petitioner had commenced a superintendent holdover proceeding in the commercial landlord-tenant part seeking the eviction of a building super whose employment had been terminated. There were no commercial units in the building and the Court dismissed the case from the commercial part calendar since, t the core of the proceeding the case was purely [...]

By | 2011-10-29T09:00:51+00:00 October 29th, 2011|

No Walk On The Beach

An easement granting a four foot beach access route was challenged in the Suffolk County Supreme Court. A 1965 deed provided for the easement but no affirmative action was taken until the easement holder petitioned the Court to build a footbridge over the dunes. The opposing argument was that the easement was abandoned after 55 [...]

By | 2011-10-28T14:35:33+00:00 October 28th, 2011|