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
On November 21, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Bissell St. I, LLC v. Westbrook Partners LLC, 2023 NY Slip Op. 34293(U), holding that the statute of frauds does not over an oral agreement to assess a potential business opportunity . . . Continue reading Statute of Frauds Does Not Cover Alleged Oral Agreement to Assess a Potential Business Opportunity
On November 30, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in L.I. Champions Taekwondo Inc. v. 151 Montague Opportunity LLC, 2023 NY Slip Op. 34218(U), declining to require an undertaking when issuing a Yellowstone injunction . . . Continue reading Court Declines to Require Undertaking on Yellowstone Injunction
On October 24, 2023, the Court of Appeals issued a decision in Skaneateles Country Club v. Cambs, 2023 NY Slip Op. 05352, holding that unless provided otherwise, a license may be revoked by the licensor . . . Continue reading Unless Provided Otherwise, a License Can be Revoked by the Licensor
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
On August 16, 2023, the Second Department issued a decision in Whelan v. Busiello, 2023 NY Slip Op. 04334, holding that a notice of pendency was improper because it did not relate to the possession, use or enjoyment of, real property . . . Continue reading Notice of Pendency Improper if it Does Not Apply to the Possession, Use or Enjoyment of Real Property
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
On May 17, 2023, the Second Department issued a decision in WBXB, LLC v. Rosswaag, 2023 NY Slip Op. 02708, construing a contract to avoid violating the rule against perpetuities . . . Continue reading Court by Construction Saves Agreement from Violating the Rule Against Perpetuities
On April 19, 2023, Justice Ruchelsman of the Kings County Supreme Court issued a decision in Jiang v. Howe, 2023 NY Slip Op. 31304(U), holding that the Statute of Frauds barred a contract claim relating to a real estate investment . . . Continue reading Statute of Frauds Bars Claim Regarding Real Estate Investment
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
