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October 17, 2022
Yellowstone Injunction Motion Denied Because Tenant Failed to Show Ability to Cure
On September 28, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in Urban Commons 2 W. LLC v. Battery Park City Authority, 2022 N.Y. Slip Op. 33268(U), denying a commercial tenant's motion for a Yellowstone inunction on the ground that the tenant failed to show that it had funds available to cure its default in the payment of rent if the landlord prevailed in the action, explaining: Read More
July 27, 2022
Commercial Lease Requiring Tenant to Maintain $2 Million of Insurance Coverage in a "Single Limit" Was Not the Same as Requiring this Coverage "Per Incident"
On June 27, 2022, Justice Margaret Chan of the New York County Commercial Division issued a decision in Booston LLC v. 35 West Realty Co., LLC, Index No. 654308/2019, holding that a commercial lease that required tenant to maintain $2 million of general-liability coverage in a "single limit" permitted tenant to maintain $2 million of coverage in the aggregate, rather than $2 million "per incident," explaining: Read More
July 18, 2022
Allegations that Defendant Encumbered Its Interests in Development Project to Obtain Financing States Breach of Contract Claim
On May 9, 2022, in a decision and order in AmBase Corp. v. 111 W. 57th Sponsor LLC, 2022 NY Slip. Op. 31503(U), Justice Joel M. Cohen denied Defendant’s motion to dismiss a breach of contract cause of action premised on Defendant’s obtaining financing for a development project to fund capital calls that allegedly encumbered Defendant’s interest in the project. Read More
April 18, 2022
Estate of Deceased Partner Could Not Bring Action Regarding Forged Deed Owned by the Partnership
Written by:
Jeffrey M. Eilender, Samuel L. Butt, Joshua Wurtzel,
In a decision dated January 12, 2022, the Second Department in Abruzzi v. Bond Realty, Inc., 2022 NY Slip Op 00156, held, inter alia, that that portion of the complaint seeking a judgment declaring a deed to certain real property to be void and to recover damages for fraudulent concealment and unjust enrichment was properly dismissed on summary judgment. The property at issue was held by a partnership and the deed which purported to transfer the property from the partnership to a corporation included the signature of one partner who had been dead for approximately 23 years. The Court explained: Read More
April 5, 2022
One-Action Rule Does Not Bar Simultaneous U.C.C. Foreclosure and Action to Foreclose on Mortgage and Recover Deficiency Judgment from Guarantors
On February 28, 2022, Justice Elizabeth H. Emerson of the Suffolk County Commercial Division issued a decision in Nebari Natural Resources Credit Fund I, LP v. Speyside Holdings, LLC, 2022 N.Y. Slip Op. 50164(U), holding that New York's one-action rule does not bar a lender from conducting a U.C.C. foreclosure while simultaneously bringing an action to foreclose on a mortgage and recover a deficiency judgment under various "bad boy" guaranties, explaining: Read More
March 9, 2022
Mezzanine Lender Cannot Prevent Mortgage Lender From Foreclosing on Real Property
On February 14, 2022, Justice Andrew Borrok of the New York County Commercial Division issued a decision in U.S. Bank N.A. v. 342 Prop. LLC, 2022 N.Y. Slip Op. 30488(U), holding that, absent a controlling clause in an intercreditor agreement, a mezzanine lender had no basis to contest the mortgage lender's right to foreclose on the real property securing the mortgage loan, explaining: Read More
March 7, 2022
Ambiguous Lease Clause Could Entitle Commercial Tenant to Rent Abatement During COVID Period
On February 24, 2022, the First Department issued a decision in Schulte Roth & Zabel LLP v. Metropolitan 919 3rd Avenue LLC, 2022 N.Y. Slip Op. 01261, holding that a clause in tenant-law firm Schulte Roth & Zabel's commercial lease entitling the tenant to a rent abatement under designated circumstances was ambiguous, and so the landlord's motion to dismiss the tenant's complaint for a rent abatement during the COVID period when most of the tenant's employees were working remotely was properly denied, explaining: Read More
December 15, 2021
U.C.C. Foreclosure Sale Held During December Holiday Season Not Commercially Unreasonable
On December 8, 2021, Justice Leon Ruchelsman of the Kings County Commercial Division issued a decision in Lincoln Street Mezz II, LLC v. One Lincoln Mezz 2 LLC, Index No. 530492/2021, denying a mezz borrower's motion for a preliminary injunction staying a U.C.C. foreclosure sale scheduled for December 20, 2021, and rejecting the mezz borrower's arguments that the sale was commercially unreasonable because, among other things, it was "scheduled to take place right before and indeed during the holiday season," and thus gave prospective buyers "insufficient time" to "obtain the necessary financing," explaining: Read More
October 18, 2021
Failure to Challenge All Grounds of Summary Judgment Motion Made Appeal Academic
On September 29, 2021, the Second Department issued a decision in Dorce v Family Dollar Stores of N.… Read More
August 27, 2021
Co-Op Owner Required to Pay Use and Occupancy For Maintenance Pendente Lite
On August 11, 2021, the Second Department issued a decision in Tavor v. Lane Towers Owners, Inc., 20… Read More
August 25, 2021
Owners of Residential Units in Luxury Condominium Were Third-Party Beneficiaries of Clause in Ground Lease Concerning Quality of Hotel To Be Operated on Lower Floors of Building
On August 5, 2021, the First Department issued a decision in Residential Board of Millennium Point v… Read More
June 16, 2021
Statute Barring Lease Provisions That Prohibit Tenants from Seeking a Yellowstone Injunction Does Not Apply to Leases Effective Before the Statute was Enacted
On April 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in 159 MP… Read More
June 15, 2021
Liquidated Damages Provision Based on Notice of Intention to Redevelop Property Not Enforceable When Tenancy Not Terminated
On May 25, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Prad… Read More
June 13, 2021
Broker Not Entitled to Commission Because it was not the Procuring Cause of the Sale
On May 20, 2021, the First Department issued a decision Capin & Assoc., Inc. v. Herskovitz, 2021… Read More
June 9, 2021
Action Dismissed As Impermissible Duplicative Foreclosure Action
On May 5, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Flushing… Read More
June 4, 2021
Summary Judgment of Foreclosure Denied Because of Lack of Admissible Evidence of Payment Default
On May 7, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Majestic… Read More
May 29, 2021
Yellowstone Injunction Undertaking Cannot Be Used to Pay Use and Occupancy
On May 25, 2021, the First Department issued a decision in Booston LLC v. 35 W. Realty Co., LLC, 202… Read More
May 27, 2021
Pandemic Does Not Excuse Commercial Tenant's Obligations Under Lease
On May 19, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Hugo … Read More
May 20, 2021
Deficiencies in Notice and Demand to Cure Bar Eviction
On April 2, 2021, Justice Walker of the Erie County Commercial Division issued a decision in Ronald … Read More
April 27, 2021
Party Asserting Unclean Hands Defense Must Have Been Injured by the Plaintiff's Misconduct
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 021… Read More
April 26, 2021
Fact Questions Preclude Dismissal of Claim Based on Oral Agreement to Purchase Real Estate on Statute of Frauds Grounds
On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 021… Read More
March 28, 2021
Dispute Over Amount Owed No Defense to Foreclosure Action
On March 12, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in VGM, … Read More
March 27, 2021
New York's Foreclosure Ban Did Not Bar Action for Foreclosure, Just Enforcement of the Judgment and Sale of Property
On March 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Nati… Read More
March 23, 2021
COVID Eviction Ban Does Not Bar Action for Money Judgment Against Corporate Tenant
On January 13, 2021, Justice Grays of the Queens County Commercial Division issued a decision in Abl… Read More
March 20, 2021
Plaintiff Not Granted Summary Judgment on Commercial Foreclosure Because of Lack of Admissible Evidence of Default
On February 26, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in BK… Read More
March 19, 2021
Covid Eviction Ban Did Not Require Dismissal of Commercial Foreclosure Actions
On March 4, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. B… Read More
March 18, 2021
Landlord Entitled Only to Reasonable Value of the Premises During Holdover Tenancy
On March 10, 2021, the Second Department issued a decision in Riesenburger Props., LLLP v. Pi Assoc.… Read More
March 15, 2021
Party's Claims, Which Were Inconsistent With Claims it Successfully Advanced in Different Action, Barred by Judicial Estoppel
On March 4, 2021, the First Department issued a decision in Great Ajax Operating Partnership L.P. v.… Read More
March 7, 2021
Even Though Tenant Was in Default on Commercial Lease, It Did Not Lose Option to Renew, Which was Revived When the Tenant Cured the Default
On March 3, 2021, the Second Department issued a decision in Karr Graphics Corp. v. Spar Knitwear Co… Read More
March 1, 2021
Pandemic Not Basis for Refusal to Pay Rent Under Commercial Lease
On January 27, 2021, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
February 26, 2021
Pandemic-Related Foreclosure Stay Did Not Apply to Commercial Foreclosure
On February 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Bri… Read More
February 7, 2021
Public Policy Bars Enforcement of Arbitration Provision Relating to Amount of Mechanics Lien
On February 1, 2021, Justice Ostrager of the New York County Commercial Division issued a decision i… Read More
January 21, 2021
Commercial Tenant Not Excused from Paying Rent During State-Ordered Pandemic Store Closures
On January 7, 2021, Justice Borrok of the New York County Commercial Division issued a decision in V… Read More
November 27, 2020
Settlement Agreement Involving the Sale of Real Property Unenforceable Under Statute of Frauds
On November 12, 2020, the Second Department issued a decision in Ehrenreich v. Israel, 2020 NY Slip … Read More
November 16, 2020
Tenant Not in Possession Cannot Rely on Equitable Rule Allowing for Late Renewal of Commercial Lease
On October 27, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
November 11, 2020
Broker Not Entitled to Commission for Introducing Purchaser to Seller When Initial Negotiations Failed and Broker Uninvolved in Subsequent Negotiations
On October 13, 2020, Justice Masley of the New York County Commercial Division issued a decision in … Read More
October 14, 2020
Court Cannot Vacate, Modify or Discharge Lien Law § 19 Lien Where There is no Defect on the Face of the Lien
On October 1, 2020, the First Department issued a decision in Pizzarotti, LLC v. FPG Maiden Lane LLC… Read More
August 10, 2020
Transfer of Ownership of a Tenant Does not Constitute an Assignment of a Lease
On August 2, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Bo… Read More
August 2, 2020
Plaintiff Was Not Entitled to RPL § 291's Good Faith Purchaser for Value Protections Because it Was Aware of the Unrecorded Interest
On July 24, 2020, the Fourth Department issued a decision in Amalfi, Inc. v. 428 Co., Inc., 2020 NY … Read More
June 21, 2020
Maintaining and Using Disputed Property Insufficient, Without More, to Support Claim for Adverse Possession
On June 3, 2020, the Second Department issued a decision in Finger v. 162 Grand St. Realty, LLC, 202… Read More
June 6, 2020
Landlord Not Entitled to Accounting from Tenant
On April 24, 2020, Justice Masley of the New York County Commercial Division issued a decision in 11… Read More
June 3, 2020
Statute of Frauds Bars Claims Based on Alleged Oral 99-Year Lease
On May 13, 2020, the Second Department issued a decision in Roman Catholic Church of the Epiphany v.… Read More
May 14, 2020
Court Voids Lien Law Lien Because of Exaggerated Claim
On April 23, 2020, Justice Masley of the New York County Commercial Division issued a decision in GP… Read More
May 10, 2020
Landlord's Acceptance of Rent from Entity Other Than Lessee Did Not Waive Lease's Non-Assignment Provisions
On May 6, 2020, the Second Department issued a decision in VRA Family L.P. v. Salon Mgt. USA, LLC, 2… Read More
April 2, 2020
Court of Appeals Strikes Down Part of Rent Control Law on Due Process Grounds
On April 2, 2020, the Court of Appeals issued a decision in Matter of Regina Metro. Co., LLC v. New … Read More
March 22, 2020
Voluntary Payment Doctrine Prevents Tenant From Recovering Overpayments to Landlord
On February 28, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
March 20, 2020
Court of Appeals Accepts Certified Question Regarding The Showing a Defendant Must Make to Render Inadequate the Plaintiff’s Proof of Compliance with RPAPL § 1304
On February 13, 2020, the Court of Appeals accepted two certified questions from the Second Circuit … Read More
March 1, 2020
Commercial Tenant Claiming Constructive Eviction Liable for Rent Because it Remained in Possession of the Leased Premises
On February 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 17, 2020
Defendant Liable for Breach of Term Sheet's Obligation to Negotiate Lease in Good Faith
On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in… Read More
January 6, 2020
Buyer Attorney Letter Refusing to Close on Real Estate Transaction Based on Mistaken View That Seller Had Breach Constituted Anticipatory Breach
On December 18, 2019, the Second Department issued a decision in Lamarche Food Prods. Corp. v. 438 U… Read More
December 22, 2019
New York Court Lacked Jurisdiction to Enjoin Sale of Real Estate in Another State
On December 17, 2019, the First Department issued a decision in Clark Tower, LLC v. Wells Fargo Bank… Read More
November 4, 2019
Statute of Frauds Bars Claim Based on Oral Guarantee of Rent Obligations
On October 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
October 20, 2019
Constructive Eviction Suspends Obligation to Pay Rent
On October 8, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in B… Read More
September 28, 2019
Tenant Could Not Bring and Then Consolidate Two Actions to Avoid No Counterclaims Provision in Lease
On September 20, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 27, 2019
Yellowstone Injunction Denied Because Failure to Have Insurance Was Not Curable
On September 12, 2019. Justice Borrok of the New York County Commercial Division issued a decision i… Read More
September 8, 2019
Court Grants Yellowstone Injunction, Noting Low Burden for Granting Such an Injunction
On July 11, 2019, Justice Livote of the Queens County Commercial Division issued a decision in US Ba… Read More
September 4, 2019
Purchaser Had Constructive Notice of Easement Even Though Easement Was Not Indexed to Lot
On September 3, 2019, the First Department issued a decision in Akasa Holdings, LLC v. 214 Lafayette… Read More
August 4, 2019
Party That Fails to Close on Purchase Cannot Later Enforce Right of First Refusal
On July 15, 2019, Justice Schecter of the New York County Commercial Division issued a decision in V… Read More
June 1, 2019
Landlord Changing Locks Constitutes Eviction
On May 30, 2019, the First Department issued a decision in Mauray Realty Co. v. Advantage Plastics, … Read More
May 27, 2019
Court Dismisses Claims, Enforcing No Damages for Delay Clause
On May 23, 2019, the First Department issued a decision in Welsbach Elec. Corp. v. Judlau Contr., In… Read More
May 26, 2019
Statute of Frauds Did Not Bar Claim Based on Alleged Oral Contract for Real Estate Commission
On May 23, 2019, the First Department issued a decision in Elhanani v. Kuzinez, 2019 NY Slip Op. 040… Read More
May 23, 2019
Plaintiff Adequately Alleges Negligent Misrepresentation Claim
On May 9, 2019, Justice Masley of the New York County Commercial Division issued a decision in Stea… Read More
May 20, 2019
Lien Law is not for the Benefit of Property Owners
On May 7, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in 51… Read More
May 9, 2019
Contract Term Waiving Right to Seek Yellowstone Injunction Enforceable
On May 7, 2019, the Court of Appeals issued a decision in 159 MP Corp. v. Redbridge Bedford, LLC, 20… Read More
April 26, 2019
Questions of Fact Preclude Decision on Whether Tenant Held-Over By Leaving Office Furniture and Equipment in Premisis
On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ro… Read More
March 18, 2019
No Yellowstone Injunction Where Tenant Cannot Cure Breach of Lease
On March 5, 2019, the First Department issued a decision in Bliss World LLC v. 10 W. 57th St. Realty… Read More
March 15, 2019
Lease's Rent Credit Provision Unenforceable Penalty
On February 28, 2019, the First Department issued a decision in Free People of PA LLC v. Delshah 60… Read More
March 2, 2019
Notice of Lease Renewal Ineffective Because Not Timely Sent
On February 12, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
December 22, 2018
Court Refuses to Consider Parol Evidence in Interpreting Document Granting Easement
On December 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
December 19, 2018
Discharge in Bankruptcy Does Not Accelerate Mortgage Debt
On November 19, 2018, Justice Karalunas of the Onondaga County Commercial Division issued a decision… Read More
November 30, 2018
Plaintiff Without Interest in Land Cannot File Lis Pendens
On November 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 24, 2018
Plaintiff Without Interest in Land Cannot File Lis Pendens
On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in M… Read More
November 22, 2018
Contractor Working for Tenant Allowed to Place a Lien on Landlord's Property
On November 20, 2018, the Court of Appeals issued a decision in Ferrara v. Peaches Cafe LLC, 2018 NY… Read More
November 21, 2018
Plaintiff Should Have Been Granted Yellowstone Injunction
On November 20, 2018, the First Department issued a decision in 106 Spring St. Owner LLC v. Workspac… Read More
October 21, 2018
Claim for Commission on Real Estate Purchase Dismissed: Plaintiff Did Not Establish That He Was the Procuring Cause of the Transaction
On October 2, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
September 25, 2018
Time is of the Essence Letter Found Ineffective
On September 19, 2018, the Second Department issued a decision in Rodrigues NBA, LLC v. Allied XV,… Read More
September 6, 2018
Action for Specific Performance of Real Estate Sales Contract Dismissed; Purchaser Was Not Ready, Willing and Able to Purchase on Closing Date
On August 22, 2018, the Second Department issued a decision in 130 Third St. Loft, LLC v. HKF, Inc.,… Read More
July 26, 2018
No Waiver Clause Precludes Claim of Waiver Based on Prior Course of Conduct
On July 12, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in M… Read More
July 17, 2018
Claim for Return of Down Payment Survives Dismissal Based on Allegation That Sellers Were Not Ready, Willing and Able to Close
On July 5, 2018, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enterpri… Read More
June 14, 2018
Denial of Lease Renewal Option not an Unjust Forfeiture
On June 7, 2018, the First Department issued a decision in Robert B. Jetter, M.D., PLLC v. 737 Park … Read More
June 5, 2018
Party Cannot Enforce Estoppel Certificates it Accepted Knowing that the Representations Were Not True
On June 5, 2018, the First Department issued a decision in Aerotek, Inc. v. 757 3rd Ave. Associates,… Read More
May 3, 2018
Specific Performance on Real Estate Contract Inappropriate Where No Evidence of Plaintiff's Ability to Close
On April 18, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Silversh… Read More
April 25, 2018
Whether Metes and Bounds Description, Street Address or Tax Lot Numbers Determines What Property is Encumbered by Mortgage is a Question of Fact
On April 18, 2018, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Zhan Hua … Read More
March 29, 2018
Statute of Limitations Does Not Apply to Claim Based on Allegedly Forged Deed
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Stewa… Read More
March 24, 2018
If Mortgage Commitment Letter is Revoked, Question of Whether Mortgage Contingency Applies Depends on Reasons for Revocation
On March 16, 2018, the Fourth Department issued a decision in Md3 Holdings, LLC v. Buerkle, 2018 NY … Read More
March 19, 2018
Salesperson Supervised by a Broker Can Make Claim for Commission Based on Oral Contract
On February 20, 2018, Justice Ostrager of the New York County Commercial Division issued a decision … Read More
February 26, 2018
Second Department Holds That Yellowstone Remedy Can Be Waived In A Commercial Lease
On January 31, 2018, the Second Department issued a decision in 159 MP Corp. v. Redbridge Bedford, L… Read More
February 2, 2018
Court Orders Specific Performance of Contract to Sell Real Estate
On January 22, 2018, Justice Scarpulla of the New York County Supreme Court issued a decision in Spl… Read More
January 27, 2018
Yellowstone Injunction Denied; Tenant Did Not Show Ability or Intention to Cure Failure to Pay Rent
On January 16, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Serpin… Read More
November 25, 2017
Tenant Must Seek Yellowstone Injunction Before Cure Period Ends
On November 22, 2017, the Second Department issued a decision in Riesenburger Properties, LLLP v. Pi… Read More
October 20, 2017
Question of Fact Regarding Whether Time Was of the Essence Precludes Summary Judgment
On October 2, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Scott R… Read More
October 18, 2017
Court of Appeals Grants Leave to Appeal in Case Involving Enforceability of Deed Covenant to Provide Free Electricity
On October 17, 2017, the Court of Appeals granted leave to appeal in Niagara Mohawk Power Corp. v. A… Read More
July 31, 2017
Fact Issues Do Not Preclude Issuance of a Yellowstone Injunction
On June 9, 2017, Justice Grays of the Queens County Commercial Division issued a decision in SBA Mon… Read More
June 8, 2017
Complaint States Claim for Wrongful Eviction Based on Intent to Revive Lease
On June 1, 2017, the First Department issued a decision in Mephisto Management, LLC v. Moon 170 Merc… Read More
June 1, 2017
Broker Entitled to Commission if Sellers Wrongfully Prevent Completion of Deal
On May 24, 2017, the Second Department issued a decision in CS Empire Realty, LLC v. Hussain, 2017 N… Read More
May 27, 2017
Broker's Claim Dismissed; it Was Not Procuring Cause of Transaction
On May 8, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Br… Read More
January 25, 2017
Broker Entitled to Fee Under Agreement Even Though Not Procuring Cause of Sale
On January 19, 2017, the First Department issued a decision in Eastern Consolidated Properties, Inc.… Read More
December 13, 2016
Broker Not Entitled to Commission for Transaction That Did Not Close
On November 29, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
December 6, 2016
Strict Compliance With Notice Provision Not Required In Real Estate Case
On November 28, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in… Read More
November 26, 2016
Warranty of Habitability Does Not Include Right to Create Additional Habitable Space
On November 22, 2016, the First Department issued a decision in Seigel v. Dakota, Inc., 2016 NY Slip… Read More
September 20, 2016
Constructive Eviction Claims Survive Motion to Dismiss
On September 6, 2016, Justice Singh of the New York County Commercial Division issued a decision in … Read More
September 9, 2016
Lease Not Terminated Due to Failure Strictly to Comply With Notice Provisions
On August 25, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
August 10, 2016
Not Maintaining Security Deposit in New York Bank Branch Violates GOL § 7-103; No Damages
On August 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
July 9, 2016
Purchaser Cannot Rely on Tenant Estoppel Certificate it Knows to Be Contrary to Fact
On June 27, 2016, Justice Ash of the Kings County Commercial Division issued a decision in Flatbush … Read More
June 11, 2016
Untimely Yellowstone Injunction Denied
On May 26, 2016, Justice Singh of the New York County Commercial Division issued a decision in Wests… Read More
May 14, 2016
Yellowstone Proceeding Found to be Timely
On May 3, 2016, the First Department issued a decision in 117-119 Leasing Corp. v. Reliable Wool Sto… Read More
April 16, 2016
Oral Agreement to Form Entities to Buy Real Property Not Subject to Statute of Frauds
On April 12, 2016, the First Department issued a decision in Retter v. Zyskind, 2016 NY Slip Op. 027… Read More
April 7, 2016
Deed Covenant Requiring Provision of Free Electricity Did Not Run With Land
On March 31, 2016, the Third Department issued a decision in Niagara Mohawk Power Corp. v. Allied He… Read More
April 6, 2016
Agent Associated With Broker Can Look Only to Broker, Not Client, For Unpaid Commission
On March 24, 2016, Justice Singh of the New York County Commercial division issued a decision in Dou… Read More
April 2, 2016
Statute of Frauds Applies to Transfer of Stock in Entity Whose Only Asset is Real Property
On March 16, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Jer… Read More
March 28, 2016
Agreement Relating to Billboard Was a Lease, Not a License
On March 17, 2016, the First Department issued a decision in Z. Justin Management Co., Inc. v. Metro… Read More
March 24, 2016
Assignment Can be Effected by Delivery of Note Rather Than by Written Contract
On March 15, 2016, the First Department issued a decision in Brunner v. Estate of Chaim Lax, 2016 NY… Read More
March 8, 2016
Mortgage Contingency Clause Was Not a Condition Precedent to Purchase Obligation
On March 3, 2016, the First Department issued a decision in Shi v. Alexandratos, 2016 NY Slip Op. 01… Read More
March 5, 2016
Real Estate Binder Not Binding Contract Where It Fails to Identify Parties
On March 1, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in 929 … Read More
February 27, 2016
Yellowstone Injunction Denied Because of Defective Notice to Cure
On February 8, 2016, Justice Ramos of the New York County Commercial Division issued a decision in L… Read More
February 11, 2016
Filing Rescission Action Before Date of Performance Constitutes Anticipatory Breach
On February 4, 2016, the First Department issued an opinion in Princes Point LLC v Muss Development … Read More
January 31, 2016
Assignee of Right to Collect Commission Cannot Collect Because the Assignor Not Licensed Real Estate Broker
On January 27, 2016, the Second Department issued a decision in Burton v. Lucido, 2016 NY Slip Op. 0… Read More
January 13, 2016
Suit on Note Stayed in Favor of Prior Pending Foreclosure Action in Another State
On January 6, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in We… Read More
December 12, 2015
Plaintiff Not Entitled to Broker's Commission Because Not Procuring Cause of Purchase
On December 2, 2015, the Second Department issued a decision in Excel Realty Advisors, LP v. Engel B… Read More
November 21, 2015
Action for Reformation of Deed Time-Barred
On November 18, 2015, the Second Department issued a decision in Lopez v. Lopez, 2015 NY Slip Op. 08… Read More
October 16, 2015
Waiver of Contingency in Real Estate Contract Must be Clear
On October 9, 2015, the Fourth Department issued a decision in Pohlman v. Madia, 2015 NY Slip Op. 07… Read More
September 29, 2015
Service That Identified Rent Overcharges Not Providing Real Estate Brokerage Services
On September 29, 2015, the First Department issued a decision in Commercial Tenant Services, Inc. v.… Read More
August 13, 2015
Right of First Refusal to Purchase Real Estate Subject to Statute of Frauds
On August 5, 2015, the Second Department issued a decision in Educational Center for New Americans, … Read More
July 24, 2015
Jury's Brokerage Fee Award Vacated Due to Lack of Evidence Proposed Buyer Was Able to Purchase
On July 8, 2015, the Second Department issued a decision in Island Associates Real Estate, Inc. v. D… Read More
May 13, 2015
No Statute of Limitations on Claim Based on Forged Deed
On May 12, 2015, the Court of Appeals issued a decision in Faison v. Lewis, 2015 NY Slip Op. 04026, … Read More
May 10, 2015
Notice of Pendency Vacated When Not Support by Allegations of Original Complaint
On April 28, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 7, 2015
No Yellowstone Injunction Where Default Not Curable
On March 24, 2015, Justice Ritholtz of the Queens County Commercial Division issued a decision in NY… Read More
March 17, 2015
Buyer’s Fraudulent Inducement Claim Survives Motion To Dismiss Despite Contract Provision Disclaiming Reliance On Seller’s Representations
On March 3, 2015, the First Department issued a decision in TIAA Global Investments, LLC v. One Asto… Read More
March 10, 2015
Court Certifies Class of Lien Law Beneficiaries
On February 24, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
December 30, 2014
Mechanics Lien That Incorrectly Listed Corporation As Property Owner Instead of Corporation's Sole Shareholder Could Be Amended To Reflect The True Owner
On December 16, 2014, the Court of Appeals issued a decision in Rigano v. Vibar Construction, Inc., … Read More
December 19, 2014
Lease Acceleration Clause Not Per Se Unenforceable as Penalty
On December 18, 2014, the Court of Appeals issued a decision in 172 Van Duzer Realty Corp. v. Globe … Read More
November 14, 2014
Court Interprets Real Property Law Section 223
On October 28, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in W.… Read More
September 23, 2014
Reverter Provision Unenforceable if not Recorded within 30 Years; Action for Injunctive Relief or Money Damages can Proceed Regardless
On August 21, 2014, Justice Grays of the Queens County Commercial Division issued a decision in The … Read More
September 11, 2014
Air Rights Real Property That Cannot be Converted
On September 3, 2014, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
June 14, 2014
Personal Guaranty Unenforceable Because Loan was Usurious
On June 3, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sasid… Read More
May 28, 2014
Unilateral Mistake Insufficient to Justifiy Reformation of Deed Without Clear and Convincing Evidence of Fraud
On May 22, 2014, the Third Department issued a decision in Timber Rattlesnake, LLC v. Devine, 2014 N… Read More
May 27, 2014
Sale of Realty Company's Office Building Was Not in the Due Course Because it Was Not in Business of Selling Property
On May 22, 2014, the First Department issued a decision in Theatre District Realty Corp. v. Appleby,… Read More
May 22, 2014
Broker Entitled to Commission When it has Direct and Proximate Link to the Transaction
On May 20, 2014, the First Department issued a decision in SPRE Realty, Ltd. v. Dienst, 2014 NY Sli… Read More
May 14, 2014
Airbnb Subpoena Quashed as Overbroad
On May 13, 2014, Justice Connolly of the Albany County Supreme Court issued a decision in Airbnb, In… Read More
April 4, 2014
Court of Appeals Invites Amici Curiae on Real Property Law Issue
The Court of Appeals recently posted the following Notice to the Bar - Court Request for Amici Curia… Read More
March 17, 2014
Lost Rent Not Available Remedy for Tenant's Failure to Repair
On March 11, 2014, a divided panel of the First Department issued a decision in Building Service Loc… Read More
January 21, 2014
Condominium Owners not Third-Party Beneficiaries of Contract Between Sponsor and Architect
On January 6, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Bo… Read More
December 29, 2013
Seller Cannot Unilaterally Make Time of the Essence
On December 26, 2013, the Second Department issued a decision in Revital Realty Group, LLC v. Ulano… Read More
December 25, 2013
Attorneys' Fees Award Limited Because Plaintiff Did Not Prevail on All Arguments
On December 24, 2013, the First Department issued a decision in RSB Bedford Assoc. LLC v. Ricky's W… Read More
December 17, 2013
Whether Liquidated Damages Clause is Unenforceable Penalty is Fact Question
On December 6, 2013, Justice Friedman of the New York County Commercial Division issued a decision i… Read More
December 14, 2013
Lease Amendment Invalid Because Landlord's President Lacked Authority to Amend Lease
On December 12, 2013, the First Department issued a decision in Site Five Hous. Dev. Fund Corp. v. B… Read More
December 1, 2013
Real Property Law § 320 Limits Structuring Real Property Transactions as Sales
On November 27, 2013, the Second Department issued a decision in Bouffard v. Befese, LLC, 2013 NY S… Read More
