Case Law Summaries

Alaska Seaboard Partners Limited Partnership v. Leone

LIENS; JOINT VENTURES—A recorded joint venture agreement may be a lien or encumbrance on the property which is the subject of the joint venture agreement.

• Opinion Date: June 21, 2001
• Real Property Law

Estate of Joy v. Paramus Board of Education

LICENSES; REVOCATION—A revocable licence to use land of another can become irrevocable if the licensee can show that the license was coupled with an interest or that equity has been created by acts done pursuant to the license.

• Opinion Date: December 18, 2001
• Real Property Law

Adamar of New Jersey, Inc. v. Roselle

LIABILITY; INDEMNIFICATION—A contract can limit an indemnification obligation to the indemnitor’s own negligence while the insurance obligation can, at the same time, require the indemnitor’s carrier to provide a defense for the indemnitee if named as an additional insured.

• Opinion Date: March 8, 2001
• Real Property Law

Karlsson v. Vaynshetyn

LIABILITY; GUESTS—Where a guest is aware of a dangerous condition or by reasonable use of the guest’s facilities would observe it, the host is not liable.

• Opinion Date: May 31, 2001
• Real Property Law

LVP Associates, L.L.C. v. Women’s Health Care Group

LEASES; SUCCESSORS—Where it is undisputed that the current tenant at a property is the successor to the business of the tenant actually named on a lease, the new tenant will be bound by the lease.

• Opinion Date: October 31, 2001
• Real Property Law

Yi v. Re/Max Fortune Properties, Inc.

LEASES; SECURITY DEPOSITS—There is no de minimis exception to the requirement that a residential landlord return its tenant’s unused security deposit within 30 days.

• Opinion Date: April 11, 2001
• Real Property Law

In the Matter of the Application for a Rental Increase at Zion Towers Apartments (HMFA #2)

LEASES; RENTAL ASSISTANCE—The New Jersey Mortgage Finance Agency acts only in an advisory role with respect to HUD decisions concerning allowable rent increases; consequently a court will not review the Agency’s advice because that advice does not constitute a final agency action.

• Opinion Date: October 29, 2001
• Real Property Law

United Property Owners Association of Belmar v. Borough of Belmar

LEASES; REGULATIONS—A shore community with proven problems arising out of short term seasonal rentals has wide latitude in regulating such rentals and such regulation need not apply equally to year-round rentals.

• Opinion Date: July 16, 2001
• Real Property Law

Walsh v. Home School Realty

LEASES; PARKING LOTS; LIABILITY—A lease need not expressly state that a tenant has exclusive possession and control of its premises for a landlord to be absolved of liability for a fall on snow or ice if the tenant actually has such exclusive possession and control.

• Opinion Date: February 13, 2001
• Real Property Law

Farkas v. Sud

LEASES; NOTICE—Where a lease conditions an outcome on the occurrence of a defined event, there is no implied requirement that one party gave the other party notice of that event.

• Opinion Date: October 18, 2001
• Real Property Law