In Hogan v. Kelly, the Second Department decided that the 2008 changes to the Real Property and Procedure Law affecting adverse possession claims are not to be applied retroactively so that compliance with the old laws prior to 2008 will give rise to a claim for adverse possession. In this…
Queens co-op owner installed an air conditioner in his unit, for use by his parents who resided there. The Co-op Board demanded that the air conditioner be removed as it extended through the wall of the building, in violation of the unit’s lease. In response to the Board’s threat to…
With the proliferation of websites that aggregate news and promise instant information, it is to be expected that one site or service will end up stepping on the toes of another. Investment advice in today’s fast-moving markets is the setting for the most recent dustup. Before discussing the particulars of…
The owner of a parked 2000 Ford GT, described as “a rare collector’s sports car rapidly appreciating in value” sued a drunk driver that wrecked it. The trial judge refused to allow an award based on the depreciation of the car, some $50,000, only the actual damage incurred in its…
An appeals court recently reversed a New York County judge who dismissed a lawsuit brought by a landlord, claiming that its tenants were maliciously harassing it to prevent the landlord from collecting rent and managing the property. In Chelsea 18 Partners, L.P. v. Sheck Yee Mak, the landlord of a…
Judge Arthur Schack is in the news again (some older news again and on video). In HSBC v. Taher, Judge Schack took issue with HSBC’s foreclosure paperwork including finding that the affidavit submitted by HSBC’s lawyers that the papers were in order and not “robo-signed” was false. Initially, Judge Schack…
The Court of Appeals recently determined that defamatory postings to a blog do not create liability for the blog or its host. Ardor Realty Corp., headed by Christakis Shiamili, and the Real Estate Group of New York, Inc. (“REG”), controlled by Daniel Baum and Ryan McCann, competed in selling and…
In the recent case of Eva’s Bridal Ltd. v. Halanick Enterprises, Inc., Judge Easterbrook of the Seventh Circuit highlights the importance of managing a license of a registered trademark. One of the reasons that one applies for and obtains a trademark registration is to show ownership—instant identity—of a good or…
Apparently you can, but a Kings County judge won’t allow you to sue someone for it. In a recent case, the plaintiff sued after being fired from her position as a hospital psychiatrist, with the termination reported to the New York State Office of Professional Medical Conduct, New York State’s…
For someone to buy a life insurance policy on the life of another person, that purchaser must have an “insurable interest” in the insured. That insurable interest is a reason that the purchaser wants the insured to live. This requirement makes sure that the buyer is not betting (or hoping?)…