Hubshman v. 1010 Tenants Corp.
First Department reinstates breach of proprietary lease claim where cooperative amended lease provisions eliminating penthouse shareholder’s exclusive roof garden rights without required consent.
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Real Estate Law
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City of New York v. Crest Housing Co., LLC
First Department affirms summary judgment for tenant, holding landlord cannot collect additional rent based on tax escalations for taxes reduced by ICAP abatement that landlord did not actually pay.
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U & Me Homes, LLC v. County of Suffolk
The Second Department reversed a judgment declaring a groundwater protection restrictive covenant void, finding the County had authority to impose the covenant and it properly ran with the land.
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Peconic Land Trust, Inc. v. 341 Town Lane, LLC
The Second Department modified a preliminary injunction enforcing a conservation easement in Amagansett, narrowing it to prohibit only vegetation removal that would violate the easement rather than all maintenance.
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OneWest Bank, FSB v. Johnson
The Second Department affirmed denial of a motion to restore a foreclosure action, holding that the Foreclosure Abuse Prevention Act deemed the original action discontinued when a second action was commenced without leave of court.
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Moreno v. Argent Mortgage Co., LLC
The Second Department affirmed denial of a motion to vacate default dismissal of a mortgage discharge action, finding counsel’s claim of law office failure was mere neglect insufficient to establish a reasonable excuse.
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Matter of Su Yan Chen v. Planning Bd. of Brookville
The Second Department affirmed a site plan approval, holding that the Planning Board’s role is limited to zoning compliance and does not extend to adjudicating private easement disputes between property owners.
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Matter of Gez v. Town of Greenburgh Zoning Board of Appeals
The Second Department affirmed denial of area variances for a single-family residence, finding the ZBA’s application of the five-factor balancing test was rational.
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Deutsche Bank National Trust Co. v. Julius
The Second Department affirmed denial of summary judgment in a mortgage foreclosure, finding Deutsche Bank failed to demonstrate standing as holder or assignee of the note at commencement.
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County of Nassau v. NY Youth Sports Network, Inc.
The Second Department reversed a preliminary injunction and vacated a sua sponte declaration that a lease had terminated, finding no motion for summary judgment was pending and no irreparable harm was shown.