The New York Court of Appeals sustained an Appellate Division ruling that reversed a Surrogate's Court decision in favor of an executor who argued latches and "spoils of war"…more
Deed/Acknowledgment Trumps Parties Clause/Intent of Grantor: Owner, an individual, transferred property.....
POA/Conveyance by Agent to Self/Will/Executor vs. Agent/Bank of America/Encumbrancer for Value/Deed Set Aside: Agent…more
Creditor sued to set aside a deed from husband to wife arguing intend to defraud. Husband countered stating that the deed was put on in anticipation of divorce. The Court however, looked to the lack of consideration and the…more
MERS foreclosed as nominee for lender. Language in the mortgage gave MERS the right to foreclose on behalf of lender. However, the case was dismissed inasmuch as MERS failed to show that it owned the note when the action was…more
New York adjoining landowner uses “Doctrine of Practical Use” to effectuate adverse possession in a boundary line dispute involving a hedge and fence. I was hoping to see a test of RPAPL’s §543 de minimus encroachments but there…more
NY Court of Appeals touches on priority between mechanic's liens. vs. acquisition loan where building loan is not filed…more
Case Law Shorts June 5, 2013: NY Second Dept. reversed summary judgment granted to title insurer where insured sued for breach of contract inasmuch as insurer claimed that a boundary line agreement recorded more than a year…more
NY Second Dept.
Will/"interests in property"/Notes secured by mortgages/Personal Property
NY Second Dept.
Foreclosure/Deficiency Judgment/Burden of Proof/Appraiser Affidavit…more
This Posting: Foreclosure/Judicial Activism/Judge Admonished/Standing…more
Case law summaries of recent court decisions in New York appellate courts…more
Texas Oil and gas case law summaries: Joint Operating Agreement/Exculpatory Clause/"all such operations" vs. "its activities"; Inverse Condemnation/Ordinance Restricting Drilling…more
New York Case Law Summaries for July 30, 2012 include New York Court of Appeals decisions on 1) a broker suing to recover a commission and for unjust enrichment; and 2) a village attempting to convert a road to public use…more
In this issue: Deminimis Entry By Landlord, Total Rent Abatement, In Rem Tax Foreclosure, Constitutional Due Process, Notice of Foreclosure Action vs. Notice of Redemption…more
New York Case Law Shorts. Included in this issue: Deminimis Entry By Landlord, Total Rent Abatement, In Rem Tax Foreclosure, Constitutional Due Process, Notice of Foreclosure Action vs. Notice of Redemption…more
In this issue: Judicial Activism and Foreclosure, Adverse Possession and Affidavit-Hearsay, Labor Law, Elevation and Scaffolding 6' vs. 5', Self-insured, Uninsured Motorist Benefits and Workers Compensation…more
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