Tenant May Seek a Yellowstone Injunction to Cure Failure to Pay Rent

Tenant May Seek a Yellowstone Injunction to Cure Failure to Pay Rent

On August 1, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 170 Tillary Corp. v. Gold Tillary Realty LLC, 2023 NY Slip Op. 32724(U), holding that if a landlord issues a notice to cure regarding unpaid rent, a tenant may seek a Yellowstone injunction seeking time to cure the failure to pay rent . . . Continue reading Tenant May Seek a Yellowstone Injunction to Cure Failure to Pay Rent

Person Who Signed Mortgage Is Borrower for Purposes of RPAPL 1304 Notice Even if They Did Not Sign the Related Note

Person Who Signed Mortgage Is Borrower for Purposes of RPAPL 1304 Notice Even if They Did Not Sign the Related Note

On August 9, 2023, the Second Department issued a decision in Wells Fargo Bank N.A. v. Carney, 2023 NY Slip Op. 04231, holding that a person who signed a mortgage is a borrower for purposes of RPAPL 1304 notice even if they did not sign the related note . . . Continue reading Person Who Signed Mortgage Is Borrower for Purposes of RPAPL 1304 Notice Even if They Did Not Sign the Related Note

Undertaking Required for Yellowstone Injunction is to Compensate Landlord if Injunction Improvidently Granted, Not to Cure All Alleged Breaches

Undertaking Required for Yellowstone Injunction is to Compensate Landlord if Injunction Improvidently Granted, Not to Cure All Alleged Breaches

On March 8, 2023, Justice Chan of the New York County Commercial Division issued a decision in 1516 Roof LLC v. 469 Holdings, LLC, 2023 NY Slip Op. 30694(U), holding that the undertaking required for a Yellowstone injunction is to compensate the landlord if the injunction was improvidently granted, not to cure all alleged breaches . . . Continue reading Undertaking Required for Yellowstone Injunction is to Compensate Landlord if Injunction Improvidently Granted, Not to Cure All Alleged Breaches

Foreclosure Action Plaintiff Allowed to Prove Possession of the Note by Submitting Copy of PSA and Mortgage Loan Schedule

Foreclosure Action Plaintiff Allowed to Prove Possession of the Note by Submitting Copy of PSA and Mortgage Loan Schedule

On February 22, 2023, the Second Department issued a decision in Bank of N.Y. Mellon v. Selig, 2023 NY Slip Op. 00979, holding that a foreclosure action plaintiff was allowed to prove possession of the note by submitting a copy of the PSA and accompanying mortgage loan schedule . . . Continue reading Foreclosure Action Plaintiff Allowed to Prove Possession of the Note by Submitting Copy of PSA and Mortgage Loan Schedule

Governor’s Covid Tolling Orders Did Not Affect Time to Cure Breach of Commercial Lease

Governor’s Covid Tolling Orders Did Not Affect Time to Cure Breach of Commercial Lease

On February 22, 2023, the Second Department issued a decision in Prestige Deli & Grill Corp. v. PLG Bedford Holdings, LLC, 2023 NY Slip Op. 01019, holding that the Governor’s Covid tolling orders did not affect the time to cure a breach of a commercial lease . . . Continue reading Governor’s Covid Tolling Orders Did Not Affect Time to Cure Breach of Commercial Lease