Issue: 2022 Vol. 50 No. 2

Time of the Essence Cases: Analysis and Update

A. Introduction The date of closing for a contract of sale is very important. Most contracts of sale do not state that time is of the essence (TOE) as to the date of closing. The date is usually an approximation at the time the contract is entered into and many things can happen to affect the actual … Continued

Mortgage Note Need Not Be Inspected for Plaintiff To Prove Standing

Bruce Bergman, author of the four-volume treatise, Bergman on New York Mortgage Foreclosures (Lexis- Nexis Matthew Bender,) is a member of Berkman, Henoch, Peterson & Peddy, P.C. in Garden City. He is a fellow of the American College of Mortgage Attorneys and a member of the American College of Real Estate Lawyers and the USFN. His biography … Continued

Message From the Chair

The normalization of COVID (fingers crossed!) has brought both change and renewal to the Real Property Law Section (RPLS). Our new committee structure calls for three co-chairs (up from two) to lead each committee, generating opportunities for increased member activity and fresh ideas. To be considered for a third co-chair position, committee members should contact … Continued

Member Spotlight: Josh Werbeck

Josh Werbeck is a member at Bousquet Holstein PLLC. He is chairperson of the firm’s real estate group and serves on its board of managers. Bousquet Holstein has offices in Syracuse and Ithaca. 1. What sparked your interest in real estate law? While looking for a place to live during law school, I found an inexpensive … Continued

In Memoriam

May 19, 1927 – April 30, 2022 George Haddow Elwood, who served as Chair of the Real Property Law Section from 1977 to 1978, passed away on Saturday, April 30, 2022 in Utica, N.Y. at the age of 94. He graduated from Hancock Central School, 1944; Rutgers University, 1949; and Fordham Law School, 1952. George … Continued

The Environmental Effects of Exclusionary Zoning: How Eliminating Single-Family Zoning Can Help in the Fight Against Climate Change

This article by law student Daniel Finnegan, who won first place in the Real Property Law Section Student Writing Competition. Introduction With climate change continuing to destabilize our physical environment, New York state’s government must respond with legislation that effectively combats the primary causes of our energy consumption. One major culprit of greenhouse gas emissions … Continued

Bankruptcy Threats to Ground Leases

Often in real estate, the land on which a building exists is owned by a different entity than the entity that owns/develops the building on the land. In such cases, the landowner executes a ground lease with the building owner/developer. In addition to the landlord (the ground lessor) and the building owner/developer (the ground lessee), … Continued