Damages Awarded Under the Visual Artists Rights Act of 1990 (“VARA”) When Developer Destroyed Art on Building Walls
By
Mike Berey on June 7, 2018
Plaintiffs, 21 aerosol artists, sought a preliminary injunction preventing a real estate developer and four of his companies from demolishing warehouse buildings in Long Island City, Queens County, on the walls of which the Plaintiffs had painted works ...
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Topics: Visual Artist Act
Deed-in-Lieu of Foreclosure Held an Equitable Mortgage Reversed on Appeal
By
Mike Berey on May 23, 2018
Under Real Property Law (“RPL”) Section 320 (“Certain deeds deemed mortgages”), “[a] deed conveying real property, which, by any other written instrument, appears to be intended only as a security in the nature of a mortgage, although an absolute ...
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Contract Held Not Illusory or Unenforceable
By
Mike Berey on May 3, 2018
The purchase agreement between the Plaintiffs and the Defendant-Sponsor required the Defendant to set a closing date concurrently with or after certificates of occupancy were obtained for the building or the condominium unit intended to be acquired by ...
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Topics: Contracts
Easement Abandoned
By
Mike Berey on April 4, 2018
The common owner of adjoining parcels of land in Saratoga Springs conveyed one of those parcels, reserving “an easement or right-of way for ingress and egress from Green Street [across the property conveyed] to the garage and woodshed” located in the ...
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Topics: Easement
Contract Vendee in New York has an Equitable Lien
By
Mike Berey on March 22, 2018
Property was sold to Webber Enterprises, Inc. (“Webber”), subject to a judgment docketed against its seller. Weber executed a first mortgage to the Plaintiff’s predecessor in title. The Plaintiff then entered into an agreement with Defendants Mario and ...
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1031 Exchanges and Mineral Rights
By
First American NCS on March 14, 2018
If you are thinking about diversifying your portfolio by trading out of real estate investments and into mineral rights, you’ll need to determine whether the mineral right is exchangeable and whether it is like kind to the real estate you plan to sell. ...
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Topics: 1031 Exchange