East Pharsalia Eminent Domain Lawyer, New York
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Stephen Michael Dunshee
Real Estate, Estate, Divorce & Family Law, Criminal
Status: In Good Standing Licensed: 34 Years
13 Eaton Ave, Norwich, NY 13815
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LEGAL TERMS
HOMEOWNERS' ASSOCIATION
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as... (more...)
An organization comprising neighbors concerned with managing the common areas of a subdivision or condominium complex. These associations take on issues such as salting and sanding a subdivision when it snows and collecting dues from residents. The homeowners' association is also responsible for enforcing any covenants, conditions & restrictions that apply to the property.
REFORMATION
The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usual... (more...)
The act of changing a written contract when one of the parties can prove that the actual agreement was different than what's written down. The changes are usually made by a court when both parties overlooked a mistake in the document, or when one party has deceived the other.
HOLD HARMLESS
In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the fir... (more...)
In a contract, a promise by one party not to hold the other party responsible if the other party carries out the contract in a way that causes damage to the first party. For example, many leases include a hold harmless clause in which the tenant agrees not to sue the landlord if the tenant is injured due to the landlord's failure to maintain the premises. In most states, these clauses are illegal in residential tenancies, but may be upheld in commercial settings.
PRIVATE MORTGAGE INSURANCE (PMI)
Insurance that reimburses a mortgage lender if the buyer defaults on the loan and the foreclosure sale price is less than the amount owed the lender (the mortga... (more...)
Insurance that reimburses a mortgage lender if the buyer defaults on the loan and the foreclosure sale price is less than the amount owed the lender (the mortgage plus the costs of the sale). A home buyer who makes less than a 20% down payment may have to purchase PMI.
GOODS & CHATTELS
See personal property.
UNCONSCIONABILITY
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, i... (more...)
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.
INURE
To take effect, or to benefit someone. In property law, the term means 'to vest.' For example, Jim buys a beach house that includes the right to travel across t... (more...)
To take effect, or to benefit someone. In property law, the term means 'to vest.' For example, Jim buys a beach house that includes the right to travel across the neighbor's property to get to the water. That right of way is said, cryptically, 'to inure to the benefit of Jim.'
SEIZURE
The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a ro... (more...)
The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a robbery. The police must generally obtain a search warrant, or court order, before they can seize personal property.
OFFENSIVE COLLATERAL ESTOPPEL
A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his la... (more...)
A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his land and the court rules that your fence extends beyond your property line, you can't later file your own lawsuit seeking a declaration that the property line is incorrectly drawn.
SAMPLE LEGAL CASES
Goldstein v. URBAN DEV. CORP.
... We are asked to determine whether respondent's exercise of its power of eminent domain to
acquire petitioners' properties for purposes of the proposed land use improvement project, known
as Atlantic Yards, would be in conformity with certain provisions of our State ...
Kaur v. URBAN DEV. CORP.
... In this appeal, we are called upon to determine whether respondent's exercise of its power of
eminent domain to acquire petitioners' property for the development of a new Columbia University
campus was supported by a sufficient public use, benefit or purpose (see NY Const ...
Kaur v. NYS Urban Dev. Corp.
... In addition, the petitioners assert that the alleged "civic" benefits of the Project are
insufficient public purposes for the use of eminent domain. In particular ... THERE IS NO
CIVIC PURPOSE TO THIS USE OF EMINENT DOMAIN. The use ...
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