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
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
