Originally published on the SGR blog.
You are an officer, director/manager or agent for a corporation, limited liability company or residential cooperative/condominium. You occasionally receive garden-variety claims for personal injuries (e.g. slip-and-falls). And from time-to-time more threatening claims (e.g. discrimination, breach of fiduciary duty).
First thing first: immediately notify your liability insurance carrier in writing. And second: preserve all hard copy and electronic documents and communications (including all audio and visual records) directly or indirectly relating to the claim.
Originally published on the SGR Blog.
CUCS Housing Development Fund Corporation and several related entities sued under RPAPL § 881 for Court-imposed access, for the purpose of underpinning a neighboring property on West 12th Street owned by Clifford S. Aymes. Underpinning is the extension of the foundation of one property to below the foundation of a neighboring parcel.
CUCS was trying to begin a construction project to provide New York City’s homeless population with affordable housing. Aymes owned the one-story, unoccupied building adjoining the project.
The New York City Building Code required CUCS take careful measures to protect public safety and to prevent damages to Aymes’ property during the building’s construction.
Originally published on the SGR Blog
Dry land has been around—well, according to the Bible, since the third day of the Creation. So it is not surprising that disputes relating to ownership of real property often have their “Genesis” in facts, circumstances and documents with ancient pedigree. A recent case, in which the Town of Southampton and the Freeholder Trustees sued for a judgment declaring them to be the sole owners of real estate on the shore of Moriches Bay, Suffolk County, reached and searched back to a decree promulgated in 1686 and a statute enacted in 1818.
The case arose out of a dispute over whether the movement of sand caused by storms affected the ownership of certain property. Suit was filed against the Incorporated Village of West Hampton Dunes and owners of property located on the north side of Dune Road, just south of Moriches Bay.
Law school real property textbooks abound with cases addressing adverse possession, right-of-way disputes and various types of easements (prescriptive, of necessity, and otherwise). Contemporary decisions still address those usual generic, threshold issues, but also the more granule issues of the location, size and permitted uses of easements, rights of way. Several recent examples follow.
DiDonato v. Dyckman, 2018 NY Slip Op 08113, App. Div. 2nd Dept. (November 28, 2018) Continue reading