coopandcondolaw

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So far coopandcondolaw has created 32 blog entries.

If You Touch My Property, You Will Pay.

Eminent Domain has been around and used by municipalities dating back to feudal England. The primary reason for the taking of private land is that its benefit to the public is far greater. Of course this benefit comes at a price. There needs to be a valuation of the property according to the "highest and [...]

By | 2012-01-12T21:57:08+00:00 January 12th, 2012|

If Your Friends Jump Off a Roof, Are You Going To?

The answer is yes and then sue the homeowner when you jump off the roof onto a trampoline and injure yourself. That is exactly what the family of James Hallwood did after he voluntarily followed two friends who were horsing around in the backyard of a neighbors home. James, an honor student, knew of the [...]

By | 2012-01-04T13:58:07+00:00 January 4th, 2012|

Good Fences Make Good Real Property Cases

The literary aphorism used to end with "good neighbors" until neighbors in the bronx sued for beach access to the Long Island Sound. The beach front property on either side of Casler Place is owned the Acquafredda's. They decided to put up a new fence across the properties blocking access to the beach for the [...]

By | 2012-01-04T13:47:55+00:00 January 4th, 2012|

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|

Kicked to The Curb…Again!

A New York Supreme Court Judge has ruled that New York City is not required to fund a transitional rental assistance program, as reported in the New York Law Journal. The City's budget constraints have forced it to cut funding to many programs, including the Advantage Program. A program designed to provided rental assistance to [...]

By | 2011-09-18T16:25:39+00:00 September 18th, 2011|