New York Law Journal: Realty Law Digest

January 2017

Scott Mollen analyzed the following cases in his weekly Realty Law Digest column in the New York Law Journal (subscription required):

  • January 31, 2017 'Pureform v. 2374 Concourse Assoc.,' where a commercial tenant who was able to show an ability to cure its defaults was granted a Yellowstone injunction, and 'Matter of Brown, HP,' where the court denied a motion to appoint an Article 7A administrator.

  • January 24, 2017:  'Waterview Towers v. 2610 Cropsey Development,' where a cooperative housing corporation was held to have established the required elements of adverse possession.

  • January 17, 2017:  'Goldman v. Bracker,' where a tenant was granted additional time to view video surveillance tapes in a non-primary residence case, and 'St. Joseph Immigrant Home v. Bulong,' where the duration of the tenants' efforts to relocate was held to be not unreasonable.

  • January 11, 2017:  “Garson v. Tarmy,” where an easement reserved to owners of dominant lots was held not to have created an express easement , and “Westbeth v. Gross,” where it was held that the respondent in the case could not occupy the subject premises in an individual capacity.

  • January 3, 2017 'Skanska USA Building v. Atlantic Yards B2 Owner, LLC,' where a "guarantee" posted by a high-rise's builder was found to meet Lien Law §5's "undertaking" requirement.