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Real Property

A Sampling of the Real Property Topics and Issues Addressed in the New York Appellate Digest Database

LEGAL RESEARCH GENERALLY

To Use the Search Panel for Legal Research, Click on “Streamlined Research” At the Top of the Page for Guidance—Searches for Single Strong Words or Phrases (in Quotation Marks) Work Best.

REAL PROPERTY issues in this database encompass several distinct database categories which are listed here in “all caps” and boldface. The specific issues and database categories described below will help in choosing the most relevant categories and keyword searches in these areas of the law.

Real Estate (purchase contracts, time of the essence, deposits, broker fees, etc., REAL ESTATE);

Real Property Law (statutes) (landlord-tenant, deeds, conveyances, mortgages, purchase contracts, brokers, recording, condominiums, tenancies, estates, easements, etc., REAL PROPERTY LAW, REAL ESTATE, CONDOMINIUMS, COOPERATIVES, LANDLORD-TENANT);

Real Property Actions and Proceedings Law (statutes) (adverse possession, foreclosure, quiet title, partition, easements, landlord-tenant, waste, ouster, timber removal, etc.REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, LANDLORD-TENANT);

Real Property Tax Law (statutes) (municipal law, assessed value disputes, validity of assessments, valuation methods, exemptions, etc., REAL PROPERTY TAX LAW);

Eminent Domain (municipal law, Court of Claims, valuation methods, sufficiency of evidence of value, etc., EMINENT DOMAIN, COURT OF CLAIMS, EVIDENCE);

Landlord-Tenant (leases, eviction, maintenance responsibilities, liability for dangerous conditions, municipal sidewalk slip and falls, liability for assault, municipal law, succession rights for family members, rent control, consequences of criminal activity, etc., LANDLORD-TENANT, MUNICIPAL LAW, NEGLIGENCE, CRIMINAL LAW);

Municipal Law (property damage related to municipal acts or omissions, immunity, special relationship, public space requirements, zoning, land use, SEQRA declarations, variances, use permits, building permits, land use, etc., MUNICIPAL LAW, IMMUNITY, ENVIRONMENTAL LAW, ZONING, LAND USE);

Nuisance (NUISANCE);

Trespass (TRESPASS);

Adverse Possession;

Timber (removal, ownership disputes, etc.)

Deeds (tenants in common, tenants by the entirety, joint tenants, covenants, easements, run with the land, fraud, forgery, recording, etc., FRAUD);

Mortgages (foreclosure, recording, etc., FORECLOSURE);

Condominiums (premises liability, common areas, etc., CONDOMINIUMS);

Cooperatives (premises liability, common areas, actions by the board, shareholder rights, etc., COOPERATIVE, CORPORATION LAW)

Foreclosure (acceleration of the debt, statute of limitations, standing, notice requirements, business records exception to the hearsay rule, evidentiary requirements for summary judgment, etc., FORECLOSURE, CIVIL PROCEDURE, EVIDENCE)

Insurance (negligent versus intentional acts occurring on the insured property, premises liability, policy exclusions, environmental contamination, etc.);

Environmental Law (municipal law, new construction approval, State Environmental Quality Review Act (SEQRA), environmental impact statements, hard look, negative declarations, Article 78 judicial review, Department of Environmental Conservation (DEC), environmental contamination cleanup, real estate purchase contracts contamination provisions, Admiralty Law (oil leaks), pipeline approval, eminent domain, underground oil tanks, fracking ban, watershed protection, oil and gas, conservation easements, administrative law, water law, water use, etc., ENVIRONMENTAL LAW, MUNICIPAL LAW, ZONING, LAND USE, CIVIL PROCEDURE, ADMINISTRATIVE LAW, REAL ESTATE, TOXIC TORTS, ADMIRALTY LAW, NAVIGATION LAW, WATER LAW);

Utilities (property damage caused by loss of power, environmental impact, etc., UTILITIES)

Zoning/Land Use (municipal law, building permits, variances, use permits, judicial review, administrative law, appeals, etc., ZONING, LAND USE, MUNICIPAL LAW, ADMINISTRATIVE LAW, APPEALS).

JUMP START RESEARCH SERVICE

Before Relying On Any Decision Summarized on this Site, Make Sure It Remains Good Law Using the Method You Trust for that Purpose. See the Discussion Under “Shepardize” on the Home Page in the “How to Use the New York Appellate Digest” section.

Use the Magnification Function in Your Browser to Increase the Font Size

You Can Download or Print Your Search Results by Clicking on the “PDF” or “Print Friendly” Buttons at the Top of the Search Results–See the Instructions Under “How to Use the New York Appellate Digest” Above

CASE-LAW DATABASE SEARCHES ON THIS SITE ARE EASY:

PICK A CATEGORY IN THE DROP-DOWN MENU OF THE SEARCH PANEL ABOVE;

CHOOSE ONE OR TWO STRONG WORDS OR A STRONG PHRASE YOU ARE FAIRLY SURE WILL BE IN THE DECISIONS YOU ARE LOOKING FOR;

PUT THE KEYWORD(S) OR PHRASE IN QUOTES IN THE “KEYWORDS” LINE OF THE SEARCH PANEL AND CLICK ON “SEARCH”;

DO ADDITIONAL SEARCHES WITH OTHER STRONG WORDS (REVEALED BY THE SUMMARIES FOUND IN THE INITIAL SEARCH) TO MAKE SURE YOU HAVE FOUND EVERYTHING.

FOR EXAMPLE:

A Student Was Assaulted in School, Is the School Liable?

Click On “Education-School Law” in the Drop-Down Menu;

A Single Search for the Keyword “Assault” Will Pick Up Most of the Cases;

Searches for Other Keywords May Find More Cases, Words Like “Attack” “Bullied” “Punch” “Fight” “Shove” “Push” “Harass” “Gym” “Recess” etc.;

Searches for Such Simple Words Will Work Because Only the “Education-School Law” Category Is Searched. A Search for “Harass” or “Assault” or “Fight” in the “Criminal Law” Category, for example, Will Yield Completely Different Results;

By Doing Several Searches, Each with Different Strong Words or Phrases, You Will Ensure Completeness.

For More Search Tips Go to the “Streamlined Research” Page (Top Menu).

 

 

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