On April 9, 2025, the Second Department issued a decision in NewBank v. Yong Won Bu, 2025 NY Slip Op. 02078, holding that the defendant has the burden of showing that a foreclosure is barred by RPAPL 1301 . . . Continue reading Defendant Has Burden of Showing That Foreclosure is Barred by RPAPL 1301
On December 19, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Lingang Li v. Howe, 2024 NY Slip Op. 34490(U), holding that a claim based Continue reading Claim Based on Oral Agreement to Sell Shares of Business That Only Owned Real Property Barred by the Statute of Frauds
On December 4, 2024, the Second Department issued a decision in Bank of Am., N.A. v. Burton, 2024 NY Slip Op. 06022, holding that a party whose ownership of property is recorded after a notice of pendency is filed has constructive notice of and is bound by subsequent proceedings . . . Continue reading Party Whose Property Interest is Recorded After Notice of Pendency is Filed has Constructive Notice of, and is Bound by, Subsequent Proceedings
On December 4, 2024, the Second Department issued a decision in Fink v. 218 Hamilton, LLC, 2024 NY Slip Op. 06026, holding that whether a closing date set in a “time is of the essence” letter was reasonable was a question of fact . . . Continue reading Whether Closing Date Set in “Time is of the Essence” Letter Reasonable is a Question of Fact
On October 16, 2024, the Second Department issued a decision in Bank of N.Y. v. Levy, 2024 NY Slip Op. 05085, holding that a motion must be supported by business records, not just a records custodian affidavit attesting to the facts in the records . . . Continue reading Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records
On September 6, 2024, Justice Bannon of the New York County Commercial Division issued a decision in New Cingular Wireless PCS, LLC v. Grand Greene LLC, 2024 NY Slip Op. 33171(U), holding that a demand to cure sent to the wrong address was ineffective . . . Continue reading Demand to Cure Sent of Wrong Address Ineffective
On August 21, 2024, the Second Department issued a decision in Lakeview Loan Servicing, LLC v. Florio, 2024 NY Slip Op. 04256, denying plaintiff in a foreclosure action summary judgment because of insufficient proof that the allonge was attached to the note . . . Continue reading Plaintiff in Foreclosure Action Denied Summary Judgment Because of Insufficient Proof That Allonge was Attached to the Note
On July 10, 2024, Justice Masley of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. Elmwood NYT Owner, LLC, 2024 NY Slip Op. 32816(U), denying a Yellowstone injunction because of the tenant’s inability to show that it could cure a rent payment default . . . Continue reading Yellowstone Injunction Denied Because of Tenant’s Inability to Show That it Could Cure Rent Payment Default
On August 7, 2024, the Second Department issued a decision in South Shore Estates, Inc. v. Guy Friedman Realty Corp., 2024 NY Slip Op. 04156, holding that a written contract for the sale of real estate nonetheless failed to satisfy the statute of frauds because it lacked material non-price terms . . . Continue reading Written Contract for Sale or Real Estate Fails to Satisfy Statute of Frauds Because it Lacked Material Non-Price Terms
On July 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Pfanner v. Anderson, 2024 NY Slip Op. 32576(U), holding that a buyer who had no reason to think a deed was not valid was a good faith purchaser and was entitled to possession of the property . . . Continue reading Buyer Who Had No Reason to Think Deed Was Not Valid Was Good Faith Purchaser
