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Hand Down List decided on: April 25, 2018
Publication Date: 2018-04-27
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department: April 25, 2018

April 10, 2018 | New York Law Journal

The New World of Prescriptive Easement Cases

In their Land Use column, Adam Leitman Bailey and John M. Desiderio discuss how New York appellate courts determine whether or not a party is entitled to claim a prescriptive easement over another party's land, and review a number of recent cases and claims.
13 minute read
March 27, 2018 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses “884 Madison Street LLC v. Aurello and Tsivicos,” where the court found the subject premises were not subject to rent stabilization because the petitioner established by a preponderance of the evidence that a substantial rehabilitation of the building had been performed, and “Matter of O'Connor and Sons Home Improvement v. Acevedo,” where a Zoning Board of Appeals' denial of variances was annulled.
14 minute read
February 20, 2018 | New York Law Journal

Negotiating RPAPL §881 License Agreements

Adam Leitman Bailey John Desiderio and Joanna Peck discuss practical considerations for parties to consider when negotiating §881 licensing agreements, noting that although §881 was once described as a “little-used law” it is now required reading for all attorneys with developer clients seeking to build in New York City.
17 minute read
Appellate Division First Department Cases decided on: February 15, 2018 By Manzanet-Daniels, J.P., Mazzarelli, Andrias, Gesmer, Oing, JJ.
Publication Date: 2018-02-16
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: Multiple

Appellate DivisionFirst Department

January 30, 2018 | New York Law Journal

When Can Condo and Co-op Boards Fine the Owners and Residents?

Adam Leitman Bailey and John M. Desiderio review the authority given to boards of condominiums and cooperative corporations to impose and enforce fines respectively on condo unit owners and cooperative shareholder-tenants who violate building house rules.
13 minute read
December 12, 2017 | New York Law Journal

Departmental Divide on Shareholder Family Occupancy

Adam Leitman Bailey and Dov Treiman discuss a split among the First and Second Department Appellate Divisions on their interpretations of a common clause in proprietary leases for cooperative apartments relating to whether a proprietary lessee must live in the apartment simultaneously with a close family member for the family member's occupancy to be legal under the proprietary lease.
9 minute read
October 31, 2017 | New York Law Journal

Realty Law Digest

Scott E. Mollen, a partner at Herrick, Feinstein and an adjunct professor at St. John's University School of Law discusses "Jovic v. Blue," "Liev v. Jones," "Ciampa Bell v. Han," and "Leonard H. Shapiro Revocable Living Trust v. Achenbaum."
21 minute read
October 10, 2017 | New York Law Journal

Sheltering the Homeless in Rent Stabilized Units

Adam Leitman Bailey and Dov Treiman discuss how, with homeless populations continuing to swell and charitable organizations looking to help house them, a thorough understanding of the applicable principles of rent stabilization is becoming increasingly essential. They discuss the recent decision of the Appellate Term, First Department in '2363 ACP Pineapple v. Iris House,' which they find highlights practitioners' misunderstanding of the theoretical issues involved.
11 minute read
THE COURT ANNOUNCES THE FOLLOWING MOTION ORDERS:
Publication Date: 2017-09-07
Practice Area:
Industry:
Court: First Judicial Department, Appellate Division
Judge: Acosta, J.P., Tom, Friedman, Sweeny, Jr., JJ.
Attorneys:
For plaintiff:
For defendant:
Case number:

M-3790. PEOPLE, res, v. NELSON FERRER, def-ap — Defendant having moved for leave to prosecute, as a poor person, the appeal from a judgment of the Supreme Court, Bronx County, rendered on or a

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