The “suburbs” mean “sub-divisions,” but do you understand what a “sub-division” is? When you purchase real estate in New York State, you should be sure you understand what it means to be purchasing in a sub-division. Take the typical scenario– Developer buys a large tract of land with the idea…
It’s not often that our New York City judiciary goes out of its way to investigate, report and do the right thing. But, that’s what the Kings County, Supreme Court, (LAURA L. JACOBSON, J) just did in a mortgage foreclosure matter that crossed her desk. After noting that the foreclosure…
The Appellate Division, Second Department, has issued a recent ruling dismissing claims for adverse possession in a case involving neighboring residential lots in Brooklyn. Klose & Associates’ clients purchased several lots in Kings County and commenced construction on a multifamily dwelling. As construction proceeded, the clients had to litigate over…
Eastchester, New York, homeonwers are at the end of their proverbial rope. When the Town of Eastchester failed to address the flooding and sewer backups in their Westchester County home, they took the only possible next step– they filed suit. Here’s the link to the article. We cannot comment on…
According to an American Bar Association, real estate lawyers are being sued more often for bad advice arising from real estate transactions According to a recent study of various insurance companies, and their claims between 2004 and 2007, malpractice claims against lawyers related to real estate transactions climbed four percentage…
When commission disputes arise, how do you handle them in New York? Real Estate brokers, realtors, and other real estate professionals who depend upon a commission to be paid will now have a clearer path to address their commission disputes. Under the recently amended NY Real Property Law (“RPL”), Section…
You would think that paying $53.5 million for two separate penthouse apartments in New York’s famed Plaza Hotel would get you what you paid for. Not always! According to published reports about one recent real estate transaction, Andrei Vavilov, hedge fund financier, has sued the hotel developers El-Ad Properties and…
Should we go to trial, or take the money? According to a recent study, the “right” answer generally depends upon whether you are a plaintiff or a defendant in the civil lawsuit. According to the study, in a full sixty-one (61%) percent of cases analyzed, plaintiffs who failed to settle…
Remember the old adage– good fences make good neighbors? Well that’s not always the case, especially as neighbors get closer and closer to each other. In this litigagion, the Defendants owned three residential parcels which adjoined property owned by the Plaintiffs. The offending fence was located three (3) feet within…
Mortgages/Predatory Lending. A New York court recently denied foreclosure and stayed the proceeding seeking to take back the home finding that the original lender violated New York ‘s “predatory lending” statue, Banking Law, Section 6-L (“High-cost home loans”). The Court scheduled a hearing to determine damages incurred by the homeowner…