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Richard A. Klass
Real Estate Litigation: articles |
By Richard Klass, Esq.
"Your Court Street Lawyer"
Email: RichKlass@courtstreetlaw.com
Asking the Court to Grant Partition and Sale of Jointly-Owned Property
In a recent case, in which Richard A. Klass, Your Court Street Lawyer, represented one of three owners of real property asked the trial judge to grant ‘summary judgment’ against the other owners, granting his motion to partition and sell the real property at auction. In support of the motion, it was requested that the court grant partition and sale, in accordance with Real Property Actions and Proceedings Law [RPAPL] Article 9.... (more)
Equitable Estoppel of a Mortgagee’s Claim
The doctrine of “equitable estoppel” was applied in a recent case litigated in the Commercial Division of the Kings County Supreme Court. In deciding that a mortgagee was estopped from collecting additional moneys from the mortgagor/cooperative corporation, Justice Carolyn Demarest relied upon the long-standing principle that the courts will not allow a party to “lull” another into inactivity to its detriment. In affirming the Decision and Order of Justice Demarest, the Appellate Division, Second Department found that summary judgment was properly granted on the basis of equitable estoppel..... (more)
See also, LawCURRENTS back issues for numerous relevant articles and cases.
License Information
These articles by Richard A. Klass, Esq. may be licensed under the Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. The publication and license guidelines for the individual articles, as noted at the foot of each article, need to be followed. For those who seek permissions beyond the scope of this license, please contact Mr. Klass (email: RichKlass@CourtStreetLaw.com). Insert the words "reprint permission request" in the subject line of the email.
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