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
On June 12, 2024, the Second Department issued a decision in NJCC-NYS Community Restoration Fund, LLC v. Ruiz, 2024 NY Slip Op. 03181, holding that a Notice of Pendency can only be filed in connection with a lawsuit . . . Continue reading Notice of Pendency Must be Filed in Connection With a Lawsuit
On May 21, 2024, the First Department issued a decision in Clover Private Credit Opportunities Origination (Levered) II, L.P. v. Sanberg, 2024 NY Slip Op. 02774, holding that questions of fact precluded judgment on reasonableness of foreclosure sale . . . Continue reading Questions of Fact Precluded Judgment on Reasonableness of Foreclosure Sale
On December 6, 2023, Justice Grays of the Queens County Commercial Division issued a decision in Pennymac Corp. v. Erneste, 2023 NY Slip Op. 23411, rejecting a constitutional challenge to New York’s Foreclosure Abuse Prevention Act . . . Continue reading Court Reject Constitutional Challenge to Foreclosure Abuse Prevention Act
On December 12, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Su Hwa Chu v. Lai, 2023 NY Slip Op. 34408(U), holding that a referee had the authority to reject the highest bid at a judicial sale . . . Continue reading Referee Had Authority to Reject Highest Bid at Judicial Sale
On December 7, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in BH Sterling Realty LLC v. Longoria, 2023 NY Slip Op. 34277(U), holding that a notice of pendency does not provide sufficient notice of a competing interest in real estate . . . Continue reading Notice of Pendency Insufficient Notice of Ownership Claim
