On March 20, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Kings Auto. Holdings, LLC v. Brooklyn Store LLC, 2026 NY Slip Op. 31078(U), holding that for the purposes of a Yellowstone injunction, an unauthorized transfer of ownership is a curable defect . . . Continue reading For Yellowstone Injunction Purposes, an Unauthorized Ownership Transfer is Curable Defect
On March 6, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in 1002 Realty Corp. v. Gilgurd, 2026 NY Slip Op. 30835(U), dismissing an ejectment claim for failure to give pre-suit notice . . . Continue reading Ejectment Claim Dismissed for Failure to Give Notice
On February 26, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in LA Cachette Du Coin LLC v. 625 Rogers 2018 LLC, 2026 NY Slip Op. 30744(U), holding that a Yellowstone injunction is unavailable if it is sought after the time to cure has elapsed . . . Continue reading Yellowstone Injunction Unavailable if Sought After Time to Cure Has Elapsed
On December 18, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in World Dance Enters., Inc. v. Chabad Lubavitch of Brooklyn Hgts. 128 Montague St. LLC, 2025 NY Slip Op. 34939(U), holding that the failure to procure insurance required by a lease is not curable by procuring insurance prospectively . . . Continue reading Failure to Procure Insurance Required by Lease is not Curable by Procuring Insurance Prospectively
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
On December 17, 2025, the Second Department issued a decision in Normandy Capital Trust v. 223 15th St, LLC, 2025 NY Slip Op. 07011, holding that an LLC member lacked standing to challenge a foreclosure on the LLC’s property . . . Continue reading LLC Member Lacked Standing to Challenge Foreclosure on LLC’s Real Property
On December 8, 2025, Justice Patel of the New York County Commercial Division issued a decision in Ark Rests. Corp. v. Bryant Park Corp., 2025 NY Slip Op. 51921(U), holding that use and occupancy and unjust enrichment claims were duplicative . . . Continue reading Use and Occupancy and Unjust Enrichment Claims Duplicative
On December 3, 2025, the Second Department issued a decision in 170 Tillary Corp. v. Gold Tillary Realty, LLC, 2025 NY Slip Op. 06681, holding that a statutory rent demand cannot be the basis for a Yellowstone injunction . . . Continue reading Statutory Rent Demand Cannot be the Basis for a Yellowstone Injunction
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
On November 12, 2025, the Second Department issued a decision in Speyside Holdings, LLC v. Nebari Natural Resources Credit Fund I, LP, 2025 NY Slip Op. 06208, holding that an investor was not entitled to an injunction staying a foreclosure . . . Continue reading Investor Not Entitled to Injunction Staying Foreclosure
