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New York Law Journal

NY Attorney General Questions Trump Assertion He Can't Secure Bond

"As far as the court can infer, sureties may have refused to accept defendants' specific holdings as collateral because using Mr. Trump's real estate will generally need 'a property appraisal' and his holdings are not nearly as valuable as defendants claim," wrote Senior Assistant Solicitor General Dennis Fan.
3 minute read

New York Law Journal

Ruling on NYC's 'Disparate' Tax System Could Spur Reforms and Valuation Protests

The decision in an appeal filed by Latham & Watkins attorneys including ex-New York Chief Judge Jonathan Lippman, is not final, but an important step toward possible reform.
4 minute read

Connecticut Law Tribune

Why Attorneys Focused on Quick Result in $12.5M Class Action Settlement Over Apartment Mold

"We all realized that it wasn't in anyone's interest to litigate this case up and down the Connecticut judicial system, and it was in everybody's interest to try to get it resolved," said David Rosen of David Rosen & Associates.
4 minute read

Daily Business Review

FinCEN's Proposed Oversight of 'All-Cash' Real Estate Deals Impacts Attorneys

The NPRM proposes a new nationwide requirement for real estate professionals to report the individual beneficial owners of specified entities and trusts acquiring residential real estate through "all cash purchases or gratuitous transfer to trusts, as well as other transactional information, within 30 days after closing.
4 minute read

New York Law Journal

Effect of Pandemic on Valuation of Property; Holdover Summary Eviction; Receivership: This Week In Scott Mollen's Realty Law Digest

Scott Mollen discusses "Amtrak v. 78,441 Square Feet More or Less of Land & Improvements," "BEC Continuum Owner LLC v. Foster," and "Wells Fargo Bank, N.A. v. 24 W. 57 APF."
10 minute read

Daily Business Review

Why We Need Florida Statutes Chapter 558, And Why It's Effective

In a world of mandatory arbitration provisions, limitations on damages, and expensive, intentionally drawn-out litigation, Chapter 558 is an effective mechanism to place owners and builders on level footing.
6 minute read

New York Law Journal

A Potential Enforcement Trap for Mortgage Lenders

Mortgage lenders have many things to worry about when a loan goes into default and they seek to enforce their remedies, whether by foreclosing a mortgage or suing on various guarantees. One thing which may not cross their minds, but can cause a delay in enforcement, is whether or not their lending entity is required to be authorized to do business in the State of New York.
6 minute read

New York Law Journal

Caveat Emptor No More! Let the Seller Beware?

Irwin Izen shares his thoughts on an amendment to Article 14 of the NYS Real Property Law, also known as the Property Condition Disclosure Act, which takes effect on March 20.
12 minute read

New York Law Journal

Appeals Court Sides With Landfill Operator in Real Estate Developer's 'Nuisance' Complaint

In one of a number of key lawsuits to watch against Waste Management of New York, the Appellate Division, Fourth Department issued an unsigned memorandum decision in favor of the trash collector on March 15, reversing a lower court judge's ruling.
4 minute read

New York Law Journal

'A Practical Impossibility': Trump Says He Can't Immediately Secure Appeal Bond

The former president needs to post a bond covering the entire judgment by next week, or the New York Attorney General can begin seizing his assets. His lawyers want an appeals court to stay execution.
4 minute read

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