VOLUME 1

1 Abstracts of Title
2 Acknowledgments
3 Actions and Special Proceedings
4 Adirondack Park Land Use and Management
5 Adverse Possession
6 Airspace Rights and Transferable Development Rights
7 Aliens and Their Property Rights
8 Arbitration
9 Attachment
10 Attorneys at Law
11 Attorney?in?Fact and Agency Powers

VOLUME 2

12 Banks
13 Bankruptcy
14 Billboard and Sign Regulation
15 Bona Fide Purchaser
16 Bonds
17 Brokers
18 Brownfields Law in New York
20 Caveat Emptor
21 Champerty
22 Charitable Uses and Trusts
23 Churches and Religious Organizations
24 Claims to Real Property
25 Closing of Title
26 Coastal Zone Management

VOLUME 3

27 Common Ownership of Real Estate
28 Condemnation
29 Condominiums
30 Condominium Conversions
31 [Reserved]
32 Contracts

VOLUME 4

33 Cooperatives
34 Corporations and Other Business Entities
35 Death
36 Decedent's Real Property
37 Deeds
38 Description
39 Earth, Soil and Stone

VOLUME 5

40 Easements
41 Ejectment
42 Encroachments
43 Equitable Conversion
44 Equitable Distribution of Marital Property
45 Equitable Liens
46 Escrow
47 Estates in Real Property
48 Estoppel
49 Ethical Considerations for Land?Use Lawyers
50 Evidence and Proof of Facts In Real Property Actions and Proceedings
51 Exceptions and Reservations
52 Executing on Real Property Interests in Pursuance of Enforcement of Money Judgment
53 Fences
54 Fiduciaries and Fiduciary Dispositions of Real Property of Decedents and Others
55 Fire
56 Fixtures
57 Forgery
58 Fraud
59 Gifts

VOLUME 6

60 Government?Assisted Housing and Community Development Programs
61 Historic District and Landmark Preservation
62 Holidays
63 Husband and Wife
64 Improvements
65 Indian Property Rights
66 Infants, Incompetents, and Others Under Legal Disability and Their Representatives
67 Injunctions
68 Insolvent's Discharge
69 Inspection of Property
70 Insurance
71 Interest
72 Issue
73 Judgments for Money
74 Judgments Generally

VOLUME 7

75 Judicial Sales
76 Jurisdiction: Subject Matter
77 Land Under Water
78 Land Use Controls?State and Regional
79 Lateral and Subjacent Support
80 Leasing of Property: Creation and Operation of Leases
81 Leasing of Property: Assignments and Subleases
82 Leasing of Property: Rights and Obligations of Landlords and Tenants 83 Leasing of Property: Rent Regulations
84 Leasing of Property: Commercial Leases
85 License

VOLUME 8

86 Life Estates and Tenancy Proceedings
87 Limitation of Actions
88 Limited Liability Companies
89 Lis Pendens (Notice of Pendency)
90 Maps and Boundaries
91 Marketability of Title
92 Mechanics' Liens
93 Merger
94 Mining of Natural Resources

VOLUME 9

95 Mortgages
96 Mortgage Foreclosure
97 Multiple Dwellings and Building Construction
98 Municipal Corporations and Public Officers
99 Name

VOLUME 10

100 Nuisance
101 Options
102 Parks
103 Partition
104 Party Walls
105 Personal Property
106 Powers of Sale
107 Publication
108 Publication Affidavits
109 Public Housing
110 Public Lands
111 Quit?Claim Deed
112 Railroads
113 Real Estate

VOLUME 11

114 Receivers
115 Recording
116 Referee
117 Reformation
118 Regulatory Takings
119 Remainders
120 Rent Strikes
121 Restrictive Covenants

VOLUME 12

122 Signature
123 Solid and Hazardous Wastes
124 Specific Performance
125 Streets and Highways
126 Subdivisions and Site Plan Review
127 Subordination Agreement
128 Subrogation
129 Summary Proceedings

VOLUME 13

130 Summons, Complaint and the Commencement of Actions and Proceedings
131 Surveys
132 Tax Certiorari Valuation
133 Taxes Affecting Real Property
134 Tax Foreclosure
135 Telecommunications and Power Companies
136 Title
137 Title Insurance

VOLUME 14

138 Trees
139 Trespass
140 Trusts
141 Unborn Children
142 United States Lands
143 United States Liens
144 Unknown Parties
145 Urban Renewal
146 Use and Occupancy
147 Usury
148 Venue
149 Verification
150 Waste
151 Water
152 Wetlands
153 Wild Lands
154 Yellowstone Injunctions

VOLUME 15

155 Zoning: Nature and Authority
156 Zoning: Districts and Uses
157 Zoning: Bulk and Design Regulation and Flexible Techniques
158 Zoning: Construction, Applicability and Effect
159 Zoning: Amendment and Repeal
160 Zoning: Nonconforming Uses, Buildings and Lots
161 Zoning: Variances and Special Permits
162 Zoning: Enforcement
163 Zoning: Judicial Review and Relief
Subject Index

 

Karl B. Holtzschue, Esq.

Mr. Holtzschue graduated cum laude from Dartmouth College in 1959. He served as an officer in the U.S. Navy from 1959 to 1962, and graduated from Columbia University School of Law in 1966. From 1966 to 1988, he was an associate and a partner at the law firm of Webster & Sheffield. From 1988 to 1990 he was a partner and head of the real estate department in the New York office of the law firm of O'Melveny & Myers. As of January 31, 1990, Mr. Holtzschue resigned from O'Melveny & Myers to devote his efforts to writing and teaching law and serving as an expert witness. He is currently teaching as an Adjunct Professor at the Fordham University School of Law.

Mr. Holtzschue has concentrated in all aspects of real estate law and all types of realty transactions including public and non-profit developments. These affiliations have included the Bedford-Stuyvesant Redevelopment Corporation, the United Nations Development Corporation, the Museum of Modern Art, the South Street Seaport, the Children's Aid Society, the Fifth Avenue Presbyterian Church, the United States Postal Service and Battery Park City. He has also represented institutional lenders in construction lending, joint ventures and workouts.

From 1987 to 1990, Mr. Holtzschue served a three-year term as chair of the Committee on Real Property Law of the Association of the Bar of the City of New York, during which time its ``Mortgage Loan Opinion Report'' was completed. In 1998, he became a member of the Executive Committee of the Real Property Section of the New York Bar Association and has written and lectured extensively. He is the author of Real Estate Transactions: Purchase and Sale of Real Property (Matthew Bender) and Holtzschue on Real Estate Contracts (PLI) and is the Editor of the NYSBA's Residential Real Estate Forms on HotDocs (with Matthew Bender). He is a member of the American College of Real Estate Lawyers and is listed in ``Who's Who in America'' and other similar publicatons.

In addition, Mr. Holtzschue has published articles in the American Bar Association's Real Property, Probate and Trust Journal, in the New York Law Journal and in Real Estate Review. He created several model real estate contracts printed as forms by Julius Blumberg, Inc. He has also lectured on real estate matters for the Real Estate Institute of New York University, the Title Guarantee Company, the Association of the Bar of the City of New York, the New York County Lawyers Association and the New York State and American Bar Associations.

Mr. Holtzschue is accredited to provide Continuing Legal Education courses (ethics in real estate transactions, caveat emptor, mortgage contingencies, new developments in real estate transactions).

James Pedowitz, Esq.

James M. Pedowitz is counsel to Berkman, Henoch, Peterson & Peddy, P.C., in Garden City, New York. He received his B.A. degree from New York University, Washington Square College in 1935, and his J.D. degree from the New York University School of Law in 1938 where he also later taught Problems In Conveyancing as an Adjunct Professor of Law for over 10 years. Mr. Pedowitz has a national reputation as an expert on real estate law and title insurance. He was associated with The Title Guarantee Company (now Ticor Title Guarantee Company) and Pioneer National Title Insurance Company (now Ticor Title Insurance Company) for over 43 years in various capacities, was Chief Counsel of Title Guarantee from 1969 to 1979 and Eastern Regional Counsel of Pioneer from 1972 to 1979. He also served for many years as Chairman of the Law Committees of the New York State Land Title Association and of the former New York Board of Title Underwriters. He was also a member of the Character and Fitness Committee in the Second Department from 1973 to 1985.

After retiring from Ticor in 1979, he became a partner at Marshall, Bratter, Greene, Allison & Tucker and later special counsel at Rosenman & Colin, both in New York City until 1990. From 1988 to 1992 he taught full time as a Visiting Professor of Law at St. John's University School of Law in Jamaica, New York. one course that he developed and taught was "Title Insurance". Mr. Pedowitz has written and lectured extensively on real estate titles, title insurance and various real property subjects for the American Bar Association, New York State Bar Association, New York County Lawyers' Association, Association of the Bar of the City of New York, Bar Association of Nassau County, New York, and numerous other bar, title and banking groups. He also served as President of the Bar Association of Nassau County, Inc.; Vice President, New York State Bar Association for the loth Judicial District; Chairman of the Real Property Law Section, New York State Bar Association: Council Member, American Bar Association, Real Property, Probate and Trust Law; Board of Directors, New York County Lawyers' Association; and on the Board of Directors, American College of Real Estate Lawyers.

Aldred Tartaglia, Esq.

Alfred C. Tartaglia, Esq., holds the position of Principal Law Clerk to Judge in the Supreme Court of the State of New York. As an employee of the New York State court system since 1983, he has been employed in the Appellate Division, First Department; the Appellate Term, First Department; and the Law Department of Supreme Court, New York County. At the Appellate Division, he was Editor-in-Chief of all published memoranda, civil and criminal, and the author of the official court training manual for court attorneys, entitled ¿The Preparation of Civil Appeals¿ (1992). He continues to research complex legal issues, and draft decisions pertaining to both criminal and civil law issues.

Mr. Tartaglia was the author of numerous chapters for various treatises before he was invited to become a General Editor for Matthew Bender and Company (now a division of LexisNexis) in 1999. In that capacity he has updated two treatises on real property law and practice ¿ Warren¿s Weed New York Real Property and Steinman¿s Bergerman and Roth, New York Real Property Forms Annotated.

From 1998 to 2002, Mr. Tartaglia was a lecturer at the New York County Lawyer¿s Association Writing Workshop, where he taught a three hour writing course to law students designed to develop proficiency in legal writing. His curriculum and written materials continue to be used. As a Continuing Legal Education Lecturer at the New York State Court System Law Clerk Seminars (2000 to present), he prepared written materials and delivered lectures throughout New York State to attorneys employed by the Court System in the following areas of law: Jury Charges and Verdict Sheets, Settlement Skills and Techniques, and No Fault Law.

Mr. Tartaglia is a graduate of Duke University, where he majored in English, and received his Juris Doctor from New York Law School in 1980. He was admitted New York State Bar in 1981, and the United States Supreme Court in 1999. He is a former Board Member and present Chair of Continuing Legal Education Committee, Columbian Lawyers Association, First Department, 2001.

Lorraine P. Tharp, Esq.

Lorraine Power Tharp is a partner in the firm of Whiteman Osterman & Hanna LLP, Albany, New York. Her primary areas of practice are real estate, banking law and commercial lending. She graduated from Smith College, after spending her junior year in Geneva, Switzerland at the Institute des Hautes Etudes Internationales, and received her J.D. from Cornell Law School. Following graduation, she worked in New York City with the firm of Wickes, Riddell, Bloomer, Jacobi & McGuire (subsequently merged into Morgan, Lewis & Bockius) prior to moving to the Capital District area.

Ms. Tharp is President of the New York State Bar Association, having served for a year as President-Elect and Chair of the Association=s House of Delegates. In connection with her work on the Association=s Executive Committee, she participated in the Strategic Planning Retreat held in February and May of 1995, and Co-Chaired the Task Force on Communications for the strategic planning process. Following the retreat, she was appointed by the President of the Association to the Strategic Planning Advisory Committee. Ms. Tharp was a member of the Executive Committee=s Subcommittee on Lawyer Advertising and Referral Services which was asked to explore issues on lawyer advertising and recommendations as to whether the Association should commission a study on the effects of such advertising. She was asked in 1997 by the President-Elect to serve as a representative from the Executive Committee to the Committee on Continuing Legal Education. Ms. Tharp participated in the Executive Committee=s Strategic Planning Session held in September of 1998, and made a presentation during that session on the topic of increased competition within the profession. She most recently chaired a group of Executive Committee members asked to review and suggest revisions to The New York Lawyers= Fund pamphlet entitled "Avoiding Grief with a Lawyer - A Practical Guide".

Ms. Tharp is a past Chair of the Real Property Law Section of the Association. She is a past Co-Chair of that Section's Committees on Financing and Liens, and Land Use and Planning. Ms. Tharp is also a past member of the Association's Committee on Women in the Law. For that Committee, she served as moderator of the Committee's annual program in New York City in January of 1991 and is a past Chair of the Subcommittee on Women in the Profession. In connection with the Subcommittee's work, Ms. Tharp was the Project Chair of the group which drafted the Committee's report and model policy on sexual harassment, which was endorsed by the Executive Committee of the Association. Ms. Tharp was a practice consultant for New York Real Property Service, and is the author of "Lender Liability - Erosion of the 'Golden Rule'", New York State Bar Association Real Property Section Newsletter, 1988, and "Update on Fleet Factors", New York State Bar Association Real Property Section Newsletter, 1990.

Ms. Tharp was elected in 1994 to membership in the American College of Real Estate Lawyers, and is a Fellow of the New York Bar Foundation and the American Bar Foundation. She is a member of the Albany County and Saratoga County Bar Associations.

In 1997, Ms. Tharp was appointed by Chief Judge Judith Kaye to the 16?member New York State Continuing Legal Education ("CLE") Board. The CLE Board is charged with overseeing the accreditation process and other matters in connection with continuing legal education for attorneys admitted in the State of New York. Ms. Tharp has participated, as speaker and/or chair, in numerous State Bar lectures and other CLE programs from 1983 to date.

John E. Blyth, Esq.

John E. Blyth has practiced law in Rochester, New York for more than forty years. He earned his A.B. from Colgate University, his LL.B. from New York University School of Law, and a Doctor of Jurisprudence (Doctor of Laws) in German from Goethe University in Frankfurt/Main, Germany. He is a Past Chair of the Real Property Law Section and a member of the Executive Committee of the International Law and Practice Section, both of the New York State Bar Association. He is a member of the American College of Real Estate Lawyers (ACREL) and an Adjunct Professor of Law at Cornell Law School.