In 2012, the Plaintiff, the Petitioner on appeal, purchased a single-family residence in the Town of Grand Island, in Erie County, for the purpose of renting it out for periods of less than thirty days. In 2015, the Town enacted Local Law 9 prohibiting in certain zoning districts, short-term rentals unless the owner resided on the property....
Recent Posts by Mike Berey
Lost Note Affidavit Did Not Establish Ownership Of Note
The amended complaint for the foreclosure of a mortgage stated that the note, which had been assigned to it with the related mortgage, had been “permanently lost, stolen or inadvertently destroyed” but, notwithstanding, the Plaintiff could maintain the action under the authority of Uniform Commercial Code Section 3-804 (“Lost, destroyed or...
Topics: lost note
Time Of The Essence Closing Date Must Be Specified
Topics: Closing Date
Contract Of Sale Conditioned On Agreeing To Material Terms Is Not Binding
The Defendant property owner sent the Plaintiff an unexecuted proposed contract which included a purchase price. The Plaintiff signed the contract and submitted it to the Defendant with a contract deposit. However, the Plaintiff included handwritten additions, including one that would have had the Defendant represent that the “[p]remises are a...
Conveyance Need Not Be Reindexed After Tax Lot Change
In Akasa Holdings, LLC v. 214 Lafayette House, LLC (71 N.Y.S. 3d 57), a case decided by the Supreme Court, New York County, properties were benefitted and burdened by an easement contained in a Declaration of Easements recorded by the common owner in 1981 when the parcels were all part of tax lot 30. One of the easements burdened land...
Fincen (financial Crimes Enforcement Network) Modifies Gtos For Reporting Cash Purchases
FinCEN has issued Geographic Targeting Orders (“GTOs”) requiring certain U.S. title insurance companies to identify the natural persons behind companies used to pay all cash for high-end residential real estate in New York City, Broward, Palm Beach and Miami-Dade Counties in Florida, Bexar County, Texas, Los Angeles, San Diego, San Francisco,...
Topics: FinCEN wire fraud
