Sean T. Scuderi | Tarter Krinsky & Drogin Property owners who face issues concerning disruption caused by buildings on adjacent properties often don’t realize or fully utilize the real estate laws that can protect and help alleviate related disturbances and interference. Section 881 of the Real Property Actions and Proceedings Law (RPAPL) is an effective… Continue reading Game Changer for Adjacent Property Owners: A Unique Way to Exert Your Rights
Tag: construction law
Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court
Michael Packer | Marshall Dennehey The Third District Court of Appeal reversed and remanded the initial fee award entered by the trial court: $150 per hour more than plaintiff’s counsel’s contingency fee agreement and a 1.8 multiplier. The appellate court found the trial court did not make the necessary findings in the first-party property claim… Continue reading Attorneys’ Fee Amount and Multiplier Reversed by Appellate Court
Oh Snap: The Latest on Snap Removal to Federal Court
Katie Fillmore | Michael Best & Friedrich “Snap removal” is a legal strategy employed by defendants to transfer a case from state court to federal court before a forum defendant—that is, a defendant who is a citizen of the state where the lawsuit was filed—is served with the complaint. This tactic leverages the “properly joined… Continue reading Oh Snap: The Latest on Snap Removal to Federal Court
Cross Your T’s and Dot Your I’s When Moving for or Opposing a Summary Judgment
Taylor Brett | Adams and Reese Louisiana Code of Civil Procedure Article 966 sets forth the rules governing summary judgment proceedings in state court. The provisions in Article 966 are highly technical and courts require strict compliance with them before granting a motion for summary judgment. Certain of these provisions concern the way that parties… Continue reading Cross Your T’s and Dot Your I’s When Moving for or Opposing a Summary Judgment
Summary Judgment Remanded Due To Disputed Facts On HOA’s Right To Enforce Building Restrictions
Michael O’Donnell, Matthews A. Florez, Kori Pruett and Shelley Wu | Riker Danzig What You Need to Know Introduction In a recent case from the New Jersey Appellate Division, the Court remanded an order granting summary judgment, finding that the record contained disputed material facts where a property owner contested a homeowners’ association’s authority to… Continue reading Summary Judgment Remanded Due To Disputed Facts On HOA’s Right To Enforce Building Restrictions