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HTMLCourt Denies Residential Board's Request For Injunction Invalidating Budget and Condominium Board's Request For Injunction Granting Access
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on December 14, 2015
In a recent litigation involving two Condominiums located in the same Manhattan building, each Board of Managers moved for a preliminary injunction against the other. The court denied the relief sought by both sides. OA Manhattan LLC v. Condominium Board of Managers of Cassa NY Condominium, 2015...

 

HTMLCondominium Board Entitled to Recover Attorneys' Fees and Late Fees Even After Unit Owner Paid Past-Due Common Charges
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on January 12, 2016
The governing documents of most condominiums and cooperatives provide that if an owner does not pay his or her common charges or maintenance on time, the board may impose additional charges such as late fees, and is entitled to be reimbursed for attorneys’ fees and legal expenses of...

 

HTMLCooperative Board Authorized to Evict Tenant That Made Unauthorized Alterations and Failed to Comply With Stipulations
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on January 10, 2016
An appellate court has authorized a Cooperative to evict a tenant who made unauthorized renovations to her apartment and failed to comply with a series of negotiated stipulations. 35 Jackson House Apartments Corp. v. Yaworski, 2015 N.Y. Misc. LEXIS 4681, 2015 N.Y. Slip Op. 51887(U) (App. Term 2d...

 

HTMLAppeals Court Rejects Subcontractors' Attempt to Foreclose on Expired Mechanic's Liens
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on January 13, 2016
A contractor that is not paid for construction or maintenance work on real property may file a mechanic’s lien against the property. The mechanic’s lien statute is a valuable tool for contractors because a valid mechanic’s lien becomes a lien against the property as well as a...

 

HTMLCourt Holds Fraud Claim Against Sponsor to Be Preemted By Martin Act; Also Dismisses Indemnification and Contribution Claims
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on December 15, 2015
A court has dismissed several claims brought by a Condominium Board of Managers against the Sponsor and individual members of the Sponsor, as well as cross-claims against the Sponsor by a co-defendant. Board of Managers of 111 Hudson St. Condominium v. 111 Hudson Street, LLC, Index No. 651959/2014,...

 

Adobe PDFChallenges in Conducting Cross-Border Real Estate Transactions Due to Differences in Legal Practices, Language and Culture - a Mexico Perspective
Adriana Reyes; Procopio, Cory, Hargreaves & Savitch LLP;
Legal Alert/Article
January 29, 2016, previously published on December 2015
Mexico is the United States second-largest export market just after Canada and its third-largest trading partner (after Canada and China). Thousands of cross-border transactions are conducted each day between the two countries, including many involving real estate investments. When participating in...

 

HTMLFinCEN Targets High-Value Real Estate Transactions in New York and Miami
Jodi L. Avergun, Nicholas E. Brandfon, J. Robert Duncan, Steven M. Herman, Joseph V. Moreno; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
January 29, 2016, previously published on January 19, 2016
On January 13, 2016, the Financial Crimes Enforcement Network (“FinCEN”) announced that it had issued a Geographic Targeting Order (“GTO”) which will temporarily require certain title insurance companies to report the identity of natural persons who make...

 

HTMLCourt, Overturning Attorney General's Determination, Holds That Amendment of Offering Plan Entitled Purchaser to Rescind
Ganfer Shore LLP;
Legal Alert/Article
January 29, 2016, previously published on January 11, 2016
The Sponsor of a condominium entered into a contract for the sale of a unit. After the contract of sale was executed, but before the closing, the Sponsor filed an amendment to the offering plan. Among other changes, the amendment provided the Sponsor with additional legal remedies in the event of a...

 

Adobe PDFDo Building Permits Affect Title to Real Estate? A Consideration of MacDonald v. Chicago Title
Simon P. Crawford; Bennett Jones LLP;
Legal Alert/Article
January 27, 2016, previously published on January 1, 2016
No, although unfortunately, we have to overcome a December 2015 decision of the Ontario Court of Appeal in order to support that "no". A decision that, in order to square with the legal framework of real estate law, will need to be either overturned or distinguished, filed away and...

 

Adobe PDFUS Government to Penetrate Secrecy in Manhattan, Miami Residential Transactions
Michael W. Galligan, Marc A. Landis, Tiberio Schwartz; Phillips Nizer LLP;
Legal Alert/Article
January 21, 2016, previously published on January 16, 2016
On January 13, 2016, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) ordered certain title insurance companies to identify the individuals behind the purchase of residential real estate in Manhattan (New York County, New York) and Miami-Dade County,...

 


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