Case Law Summaries

Joseph v. Lehrer

BROKERS; COMMISSIONS—Under certain circumstances, a broker’s break-up fee is appropriate and it may be more than what a sales commission would have been.

• Opinion Date: December 8, 2003
• Real Property Law

Benya v. Slous

BROKERS—A party to a residential contract has no claim for interference against a broker just because the broker induces the other party to have its attorney cancel the contract within the three day attorney review period.

• Opinion Date: March 14, 2003
• Real Property Law

Brown v. Lucas

BOUNDARIES—Expert testimony is required to prove a boundary line and even if someone is personally familiar with the boundary line, that person must certify that he or she has the requisite skill or knowledge to provide testimony.

• Opinion Date: September 29, 2003
• Real Property Law

In Re Steck

BANKRUPTCY; LIENS—A debtor may use the lien avoidance powers of a bankruptcy trustee in a Chapter 11 case, but not in a Chapter 13 case, and to avoid a transfer of exempt property a debtor must act within the statutory two year time limit.

• Opinion Date: September 9, 2003
• Real Property Law

In Re Slack

BANKRUPTCY; LEASES—Even if a tenant does not list its landlord as a creditor, the lease is deemed rejected sixty days after a bankruptcy petition is filed if not expressly assumed in that time.

• Opinion Date: March 26, 2003
• Real Property Law

In Re Walden Ridge Development, LLC

BANKRUPTCY; BAD FAITH—Using an single asset, single purpose entity to contract for a property purchase is a routine way to acquire and develop property and does not lend credence to a claim that a bankrupt debtor acted in bad faith when structuring its transaction before filing.

• Opinion Date: April 28, 2003
• Real Property Law

Strike Associates, LLC v. Art Semeraro Construction Company, Inc.

ARBITRATION; CONSTRUCTION LIENS—Even in the context of resolving a construction lien dispute, an arbitrator’s decision will be honored absent fraud, corruption or undue influence and silence by an arbitrator as to whether there was a wilful misstatement of a contractor’s claim is to be taken as a finding that there was not.

• Opinion Date: June 17, 2003
• Real Property Law

Ames v. Township of Jefferson

ADVERSE POSSESSION; MUNICIPALITIES—Intentional hostility is not required to prove that an adverse use is notorious and the public’s use of a private strip of land as a roadway qualifies as such; therefore, a municipality can assert rights by way of adverse possession on that basis and is not limited to taking the strip of land by way of eminent domain.

• Opinion Date: May 6, 2003
• Real Property Law

Estate of Cannara v. County of Essex

ADVERSE POSSESSION—To be exempt from claims based upon adverse possession, governmentally owned property need only be used or dedicated for a public purpose.

• Opinion Date: January 7, 2003
• Real Property Law

City of Long Branch v. Liu

ACCRETION; AVULSION—Beachfront land that grows because the government has pumped sand from elsewhere is created by avulsion, not accretion, and does not become owned by the abutting landowner.

• Opinion Date: February 3, 2003
• Real Property Law