Johnny D. Hall, Esq. – KCT Abstract LLC

28 Elizabeth Street
New York, New York 11301, United States

New York's Highes Court Upholds Town-Wide Fracking Ban

Oil and Gas company and its predecessors purchased methane rights to land lying in the Town of Dryden. The town, seeking to preserve its "rural and small town character", passed a zoning ordinance that prohibits oil and gas…more
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3000 Year Old Tablet Missing Since WWII Returned To German Museum After Surrogate's Court Reversed

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
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New York Appellate Division Summaries; Real Estate.

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
| Construction Law, Finance & Banking, Real Estate - Commercial, Real Estate - Residential, Wills, Trusts, & Estate Planning

Creditor Sets Aside to from Husband to Wife - "Badges of Fraud"

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
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

MERS denied standing to foreclose - Must own note.

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
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

New York's "Doctrine of Practical Use" and Adverse Possession”.

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
| Real Estate - Commercial, Real Estate - Residential, Zoning, Planning & Land Use

Case Law Shorts

NY Court of Appeals touches on priority between mechanic's liens. vs. acquisition loan where building loan is not filed…more
| Construction Law, Finance & Banking, Real Estate - Commercial

Title Insurance/Post-Closing Boundary Line Agreement/Covered Defect

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
| Insurance, Real Estate - Residential, Real Estate - Commercial

Case Law Shorts

This post: 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
| Civil Procedure, Real Estate - Commercial, Real Estate - Residential, Wills, Trusts, & Estate Planning

New York Case Law Shorts

This Posting: Foreclosure/Judicial Activism/Judge Admonished/Standing…more
| Civil Procedure, Real Estate - Commercial, Real Estate - Residential

New York Case Law Shorts

Case law summaries of recent court decisions in New York appellate courts…more
| Civil Procedure, Real Estate - Residential, Real Estate - Commercial

Oil and Gas Law Shorts

Texas Oil and gas case law summaries: Joint Operating Agreement/Exculpatory Clause/"all such operations" vs. "its activities"; Inverse Condemnation/Ordinance Restricting Drilling…more
| Energy & Utilities

Litigation: Broker Commission & Unjust Enrichment; Village Road vs. Private Road

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
| Real Estate - Residential, Zoning, Planning & Land Use, Business Torts, Real Estate - Commercial

New York Case Law Shorts

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
| Real Estate - Commercial, Real Estate - Residential

New York Case Law Shorts

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
| Real Estate - Residential, Real Estate - Commercial
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