Model City Construction Lawyer, New York
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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John E. Ballow
Construction, Personal Injury, Medical Malpractice, Professional Malpractice
Status: In Good Standing
FREE CONSULTATION 
CONTACT 8226 Main Street, Buffalo, NY 14221
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LEGAL TERMS
DEVISE
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some s... (more...)
An old legal term that is generally used to refer to real estate left to someone under the terms of a will, or to the act of leaving such real estate. In some states, 'devise' now applies to any kind of property left by will, making it identical to the term bequest. Compare legacy.
PROPERTY
See personal property, real estate, community property, separate property.
APPRECIATION
An increase in value. Appreciated property is property that has gone up in value since it was acquired.
BOND
(1) A written agreement purchased from a bonding company that guarantees a person will properly carry out a specific act, such as managing funds, showing up in ... (more...)
(1) A written agreement purchased from a bonding company that guarantees a person will properly carry out a specific act, such as managing funds, showing up in court, providing good title to a piece of real estate or completing a construction project. If the person who purchased the bond fails at his or her task, the bonding company will pay the aggrieved party an amount up to the value of the bond. (2) An interest-bearing document issued by a government or company as evidence of a debt. A bond provides pre-determined payments at a set date to the bond holder. Bonds may be 'registered' bonds, which provide payment to the bond holder whose name is recorded with the issuer and appears on the bond certificate, or 'bearer' bonds, which provide payments to whomever holds the bond in-hand.
RENT CONTROL
Laws that limit the amount of rent landlords may charge, and that state when and by how much the rent can be raised. Most rent control laws also require a landl... (more...)
Laws that limit the amount of rent landlords may charge, and that state when and by how much the rent can be raised. Most rent control laws also require a landlord to provide a good reason, such as repeatedly late rent, for evicting a tenant. Rent control exists in some cities and counties in California, Maryland, New Jersey, New York and Washington, D.C.
NET LEASE
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's ope... (more...)
A commercial real estate lease in which the tenant regularly pays not only for the space (as he does with a gross lease) but for a portion of the landlord's operating costs as well. When all three of the usual costs--taxes, maintenance and insurance--are passed on, the arrangement is known as a 'triple net lease.' Because these costs are variable and almost never decrease, a net lease favors the landlord. Accordingly, it may be possible for a tenant to bargain for a net lease with caps or ceilings, which limits the amount of rent the tenant must pay. For example, a net lease with caps may specify that an increase in taxes beyond a certain point (or any new taxes) will be paid by the landlord. The same kind of protection can be designed to cover increased insurance premiums and maintenance expenses.
EXCULPATORY CLAUSE
A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by t... (more...)
A provision in a lease that absolves the landlord from responsibility for all damages, injuries or losses occurring on the property, including those caused by the landlord's actions. Most states have laws that void exculpatory clauses in rental agreements, which means that a court will not enforce them.
QUASI-COMMUNITY PROPERTY
A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired togeth... (more...)
A form of property owned by a married couple. If a couple moves to a community property state from a non-community property state, property they acquired together in the non-community property state may be considered quasi-community property. Quasi-community property is treated just like community property when one spouse dies or if the couple divorces.
FUTURE INTEREST
A right to property that cannot be enforced in the present, but only at some time in the future. For example, John's will leaves his house to his sister Marian,... (more...)
A right to property that cannot be enforced in the present, but only at some time in the future. For example, John's will leaves his house to his sister Marian, but only after the death of his wife, Hillary. Marian has a future interest in the house.
SAMPLE LEGAL CASES
Quattrocchi v. FJ Sciame Construction Corp.
ANTHONY QUATTROCCHI, Respondent, v. FJ SCIAME CONSTRUCTION CORP.,
Respondent. FJ SCIAME CONSTRUCTION CO., INC., Sued Herein as FJ SCIAME CONSTRUCTION
CORP., Third-Party Plaintiff-Respondent, v. COMPLETE CONSTRUCTION ...
CONSTRUCTION BY SINGLETREE, INC. v. Lowe
After the completion of discovery, JC moved for summary judgment dismissing, inter alia, the
claims to recover liquidated and compensatory damages for breach of warranty, as set forth in
Lowe's second cross claim, arguing that there was no evidence to substantiate Lowe's ...
Lane v. FRATELLO CONSTRUCTION COMPANY
The Supreme Court erred in granting that branch of the defendants' motion which was to dismiss
the plaintiffs' Labor Law § 241 (6) causes of action against all of the defendants premised on
an alleged violation of 12 NYCRR 23-1.7 (e) (2). 576 Contrary to the defendants' ...
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