Prior posts on this blog have dealt with the legal issues regarding partition of property. To summarize, a partition action may be brought when a property has two or more owners, and the owners are unable to agree on the disposition of the property. One owner may wish to sell…
Articles Posted in Real Estate Litigation
Foreclosure Settlement Conferences in New York State
Our firm handles many cases in which the client is being sued for foreclosure of their property. In general, a foreclosure lawsuit involves a mortgage loan which has been recorded as a lien against real property, such as a house or condominium unit. Please note that cooperative apartments involve ownership…
Recovery of Attorney’s Fees in Landlord-Tenant Actions in New York
One of the most frequently asked questions when our firm meets with a new client relates to the awarding of attorney’s fees. Many of our landlord-tenant clients ask us whether they can recover their attorney’s fees in Court from the other party in the litigation. The answer to this question…
Legal Issues Relating to Subtenants in New York State
First, we would like to wish all followers of our blog a happy and healthy 2015. We look forward to continued successful legal outcomes for all of our clients in the New Year. Our copy of Black’s law dictionary defines a subtenant as “one who leases all or part of…
Access to Building Services in Rental Units in New York
A recent news story regarding affordable housing in New York may be of interest to readers of our blog. New York City’s Department of Housing Preservation and Development (HPD) approved a separate entrance in a proposed new building containing affordable housing units. The building would therefore have two entrances (it…
Enjoy Your Vacation Home this Memorial Day Weekend
Memorial Day weekend is eagerly anticipated by many of our readers, especially this year after the harsh winter that we endured. Fortunate travelers expect to enjoy their vacation homes this weekend. As you head out for the weekend, we wish to remind you of certain legal issues pertaining to vacation…
“Self-Help” and Legal Representation in Foreclosure and Landlord-Tenant Matters
Our firm often receives inquiries from potential clients, many related to foreclosure and landlord-tenant matters. Often, an individual will inform us that they have been representing themselves in a Court proceeding, or are considering doing so, and will question us as to whether an attorney is necessary. In New York…
Defending Reverse Mortgage Foreclosures
A recent article in the New York Times discusses the pitfalls of reverse mortgages, including the effect such a mortgage may have on the heirs of the borrowers in question. A recent blog post also examined the possible negative legal ramifications of reverse mortgages on seniors and their surviving spouses.…
Relgious Land Use Act as Applied in Westchester County, New York
In 1999, the Town Board of Greenburgh, located in Westchester County, New York, reviewed an application of the Fortress Bible Church to build a church and school on land that it owned within the Town borders. After review by the Town Board, the Board rejected the application, claiming that there…
Non-Compete Clauses in Commercial Leasing
A prior blog post discussed the legal issues relating to the sale of a business or professional practice. One issue mentioned in that article was that of a non-compete clause. This blog post will discuss that issue in further detail as it applies to commercial leasing. As a great deal…