Res Judicata: A Legal Blog

Westchester County Imposes Deadline on Coop Boards Deciding Purchase Applications

December 18, 2018

On November 19, 2018, the Westchester County Board of Legislators passed a law imposing a decision deadline for coop boards on applications to transfer title to a unit. Under the new legislation, coop boards will have 15 days to inform a purchaser whether or not their application to purchase a …Read More

Court Rules Statute of Limitations to Commence Foreclosure Action Expired

November 15, 2018

In Defelice v. Frew, 2018 NY Slip Op 07700 (2nd Dept., decided November 14, 2018), the Second Department, Appellate Division reversed the lower court in an action pursuant to RPAPL 1501(4) to cancel and discharge of record two mortgages; the holding is as follows: “The plaintiffs established their prima facie …Read More

Court Allows Private Property Owner to “Reel In” Exclusive Fishing Rights on a Navigable Waterway

November 6, 2018

Can a private property owner possess the exclusive right to fish on a navigable river? According to the New York State Court of Appeals, the answer is yes. In Douglaston Manor v. Bahrakis, 89 N.Y.2d 472 (1997), the Plaintiff-Appellant, Douglaston Manor, Inc., owned approximately one-mile-long sections of both shorelines of …Read More

NYC Judge Rules No Easement So Fence May Remain

October 25, 2018

In Asian American HDFC, Inc. v. 110 Ridge St. Venture, LLC, 2018 WL 3428569 (2018), the New York State Supreme Court, Justice Barbara Jaffe, denied Plaintiff’s request for an injunction prohibiting the Defendant from blocking Plaintiff’s secondary means of fire egress with a fence. The Plaintiff and Defendant own adjacent …Read More