Real Property – Lundin PLLC

Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages

On May 14, 2025, the Second Department issued a decision in JP Pizza Eastport, LLC v. Luigi’s Main St. Pizza, Inc., 2025 NY Slip Op. 02915, holding that a buyer’s anticipatory repudiation of a purchase contract entitled the seller to retain the buyer’s down payment as liquidated damages . . . Continue reading Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages

On May 13, 2025, the First Department issued a decision in Picken v. RN Realty LLC, 2025 NY Slip Op. 02888, holding that a real estate broker was entitled to a commission if the seller thwarted the transaction in order to avoid paying the commission . . . Continue reading Broker Entitled to Commission if Seller Thwarted the Transaction to Avoid Paying the Commission

On May 7, 2025, the Second Department issued a decision in Yorktown Funeral Home, LLC v. Kamitis, Inc., 2025 NY Slip Op. 02812, holding that a tenant may make non-structural modifications to a commercial property that are necessary to carry on the tenant’s business . . . Continue reading Tenant May Make Non-Structural Modifications Necessary to Carry on Business

On April 30, 2025, the Second Department issued a decision in Kearny Bank v. Beaux Equities, LLC, 2025 NY Slip Op. 02580, holding that a good faith mortgagor for value prevailed against an earlier purchaser that did not record its interest in a property . . . Continue reading Good Faith Mortgagor for Value Prevails Against Purchaser That Did Not Record its Interest

On April 16, 2025, the Second Department issued a decision in Nechadim Corp. v. 500 Putnam St. Realty, LLC, 2025 NY Slip Op. 02214, holding that a party that sold its interest in property lacked standing to defend a foreclosure action relating to it . . . Continue reading Party That Sold its Interest in Property Lacked Standing to Defend a Foreclosure Action Relating to It

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