The Courts have proposed a rule that would enable them to force dormant foreclosure actions into settlement conferences.  The rule is an attempt to thwart the lenders from merely filing a foreclosure action and then doing nothing with the case.  The lenders are able to accomplish this file and wait tactic because additional documents, other [...]

New York Supreme Court Justice Singh has ordered a condo developer to return $16 million to individual purchasers of condominium units in the case styled CRP/Extell Parcel I, L.P. v. Cuomo. The law firm who drafted the developers offering plan mistakenly drafted the documents with a rescission date of Sept. 1, 2008 instead of Sept. [...]

The Interstate Land Sales Full Disclosure Act (ILSFDA) was enacted in 1968 to prevent deceptive practices of the sale of unimproved tracts of land by requiring developers to disclose information needed by potential buyers. The original purpose of the act was to protect purchasers from unscrupulous sales of undeveloped home sites, frequently involving out-of-state sales [...]

Federal National Mortgage (FNM) began an eviction proceeding against a couple who occupied their apartment after FNM obtained the deed to the apartment through a foreclosure sale. The, now, tenants of the apartment argued that FNM could not maintain the eviction proceeding since FNM was not the proper assignee to the underlying mortgage for the [...]

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 [...]

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 [...]

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 [...]

Tudor City is this quaint neighborhood in the east 40′s that now looks over the United Nations. The site of the UN was once a slaughterhouse for animals and an unsightly place to live. This is the reason why Tudor City Coop’s were built with their public hallways facing the East River and not their [...]

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 [...]

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 [...]