After three months of volcanic activity from the Kilauea volcano, the most active lava flow on Hawaii's Big Island has come to a near halt, according to the U.S. Geological Survey's Hawaiian Volcano Observatory. The near continuous eruptions for the past three months have added new land - over 120 acres to Hawaii’s Big Island, to be precise....
As The Lava Flow Slows, What Happens To Hawaii’s New Land?
Not-for-profit Corporation Can Sell Only On Board Or Member Approval
The Plaintiff and the Defendant, a not-for-profit corporation, entered into a contract for the sale of the Defendant’s real property. The contract was executed on behalf of the Defendant by one of its Trustees but the contract was not approved by the Defendant’s Board of Directors and its Members as required by Not-for-Profit Corporation Law...
Topics: Non-profit
Secondary Access Over Adjoining Property Denied
The Plaintiff alleged that New York City’s Buildings Department required that Plaintiff’s building’s fire escapes lead to a secondary means of egress which, according to the architectural plans filed to obtain a certificate of occupancy, was afforded by access to the rear yard of the Defendant’s adjoining property. After the Defendant...
Oral Contract To Extend Mortgage Not Enforceable
The notes secured by two mortgages, and a note secured by other collateral, afforded the borrower, Plaintiff Mosdot Shuva Israel (“MSI”), the opportunity between November 17, 2013 and January 31, 2014 to extend the maturity date for each note from their original maturity date of March 17, 2014 for five years. MSI alleged that in early 2013 it...
Topics: oral contract
Mezzanine Loan Held Not To Clog Equity Of Redemption
A loan for real estate projects in Kansas City and Cincinnati was secured by a mortgage on the land being developed and by the pledge of the membership interests in the borrower. The lenders commenced a UCC foreclosure sale of the membership interests.
Topics: equity of redemption mezzanine loan
Ucc-1 May Be Void If Trustee Of Trust Owning Cooperative Unit Applied Loan Proceeds For Non-trust Debts
Plaintiff, the sole trustee of a trust which owned a cooperative unit, commenced an Action for a declaration that a Uniform Commercial Code Financing Statement filed against the unit as security for a loan to the Plaintiff, personally and in his capacity as trustee, was void and for a preliminary injunction enjoining the Defendant from...
Topics: UCC
