Commercial Litigation Archives – Falcon Rappaport & Berkman PLLC

Uniform Partition of Heirs Property Act Partition by Sale in New York State

Pursuant to the UPHPA, under any action to partition real property, a court is now required to determine whether the property is “heirs property,” as defined by the UPHPA. If the court determines that the property is heirs property, then a court shall partition the property in accordance with the UPHPA.

The Basics of the Uniform Partition of Heirs Property Act in New York

The law concerning partitioning a property in New York changed as of December 2019 when New York enacted the Uniform Partition of Heirs Property Act (“UPHPA”). The UPHPA seeks to protect owners who have recently inherited real property from an estate. It does so by mandating a settlement conference before any heirs property can be partitioned, and requires that the parties to that conference act in good faith.

Determination of Market Value Under the Uniform Partition of Heirs Property Act

One of the most important aspects of the Uniform Partition of Heirs Property Act (the “The UPHPA”) is the determination of the value of the property at issue. Often, issues arise between the parties to the action because they do not know the value of the property. To remedy this issue and provide a fair and equitable solution to the parties, the UPHPA provides flexibility in determining a value.

Falcon Rappaport & Berkman PLLC Wins Appeal from Fee-Shifting Order in New York State Court Discovery Dispute

Residential Evictions in New York in the Time of COVID-19

The onset of COVID-19 in New York has created impossible financial situations for tenants, and resultingly, for landlords, many of whom are themselves family owned businesses with tight financial concerns and obligations of their own. Despite a landlord or tenant’s best efforts, it is inevitable that a landlord may need to remove a tenant from their rental property. In this article, we evaluate the pros and cons of different approach in the residential context of New York both under normal conditions and considering the special circumstances presented by COVID-19, including the increasing benefits of turning to “Cash for Keys.”

Responses to the Pending Surge in New York Eviction Matters

In anticipation of an impending torrent of eviction matters in New York resulting from the COVID-19 pandemic and the hardships it has imposed on tenants and landlords, NY Courts and lawmakers have sought temporary solutions to forestall a potential housing crisis.

Ramifications of Tolling New York’s Statute of Limitations

On March 20, 2020, amidst the initial tumult of the COVID-19 pandemic, Governor Andrew Cuomo issued Executive Order 202.8, which, among other things, tolled New York’s statute of limitations through April 19. 2020. This order directed that “any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding” would be “tolled from [March 20, 2020] until April 19, 2020.”