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 [...]

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 [...]

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 [...]

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 [...]