Real Estate Broker Has Fiduciary Duty and Representation of Multiple Parties to a Transaction Must be Disclosed
Commercial Case Notes / Fiduciaries / Real Property

Real Estate Broker Has Fiduciary Duty and Representation of Multiple Parties to a Transaction Must be Disclosed

On December 24, 2025, the Second Department issued a decision in Yellin v. Revival Prop. Group, LLC, 2025 NY Slip Op. 07332, holding that a real estate broker has a fiduciary duty and representation of multiple parties to a transaction must therefore be disclosed . . . Continue reading Real Estate Broker Has Fiduciary Duty and Representation of Multiple Parties to a Transaction Must be Disclosed

Court Properly Ordered $20.5 Million Undertaking as Condition of Vacating Notice of Pendency
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies / Real Property

Court Properly Ordered $20.5 Million Undertaking as Condition of Vacating Notice of Pendency

On November 19, 2025, the Second Department issued a decision in American Premium Realty Group, LLC v. 37-19 Realty, Inc., 2025 NY Slip Op. 06301, affirming that imposition of a $20.5 million undertaking as a condition of vacating a notice of pendency . . . Continue reading Court Properly Ordered $20.5 Million Undertaking as Condition of Vacating Notice of Pendency

Court Refuses to Enforce Lease Provision That Has Effect of Barring Tenant From Seeking a Yellowstone Injunction
Commercial Case Notes / Real Property

Court Refuses to Enforce Lease Provision That Has Effect of Barring Tenant From Seeking a Yellowstone Injunction

On September 22, 2025, Justice Masley of the New York County Commercial Division issued a decision in CORE 5th Ave. LLC v. 711 Fifth Ave. Principal Owner LLC, 2025 NY Slip Op. 33557(U), refusing to enforce a lease provision that had the effect of barring a tenant from seeking a Yellowstone injunction . . . Continue reading Court Refuses to Enforce Lease Provision That Has Effect of Barring Tenant From Seeking a Yellowstone Injunction

Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing
Commercial Case Notes / Court Rules and Procedures / Real Property

Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing

On August 13, 2025, the Second Department issued a decision in Bank of Am., N.A. v. ABC Realty Holdings, Inc., 2025 NY Slip Op. 04616, holding that a referee did not err in deciding not to hold an evidentiary hearing because the defendant had an opportunity to respond to the plaintiff’s arguments in writing . . . Continue reading Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing