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
On October 15, 2025, the Second Department issued a decision in Nationstar Mtge., LLC v. Lalman, 2025 NY Slip Op. 05689, holding that a buyer was obligated to close even though a prior owner was challenging a foreclosure sale . . . Continue reading Buyer Obligated to Close Even Though Prior Owner Was Challenging Foreclosure Sale
On September 22, 2025, Justice Masley of the New York County Commercial Division issued a decision in CORE 5th Ave. LLC v. 711 Fifth Ave. Principal Owner LLC, 2025 NY Slip Op. 33557(U), refusing to enforce a lease provision that had the effect of barring a tenant from seeking a Yellowstone injunction . . . Continue reading Court Refuses to Enforce Lease Provision That Has Effect of Barring Tenant From Seeking a Yellowstone Injunction
On September 24, 2025, the Second Department issued a decision in Blank v Acker, 2025 NY Slip Op. 05059, holding that the Statute of Frauds bars claims based on an alleged oral agreement to sell real property . . . Continue reading Statute of Frauds Bars Claim Under Alleged Oral Agreement to Sell Real Property
On August 13, 2025, the Second Department issued a decision in Bank of Am., N.A. v. ABC Realty Holdings, Inc., 2025 NY Slip Op. 04616, holding that a referee did not err in deciding not to hold an evidentiary hearing because the defendant had an opportunity to respond to the plaintiff’s arguments in writing . . . Continue reading Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing
On July 25, 2025, the Fourth Department issued a decision in Esperanza Mansion Group LLC v. Mehlenbacher, 2025 NY Slip Op. 04370, holding that whether the exaggeration of a mechanic’s lien was willful is a question of fact for a jury . . . Continue reading Whether the Exaggeration of a Mechanic’s Lien was Willful is a Question of Fact for a Jury
Decided on May 14, 2025, the Second Department issued a decision in Newburgh Realty II, LLC v. IPA Asset Mgt., LLC, 2025 NY Slip Op. 02926, holding that the fact that a deed was not recorded still left questions of fact regarding a plaintiff’s standing to bring a partition action . . . Continue reading That a Deed Was Not Recorded Still Left Questions of Fact Regarding Plaintiff’s Standing to Bring a Partition Action
On May 14, 2025, the Second Department issued a decision in JP Pizza Eastport, LLC v. Luigi’s Main St. Pizza, Inc., 2025 NY Slip Op. 02915, holding that a buyer’s anticipatory repudiation of a purchase contract entitled the seller to retain the buyer’s down payment as liquidated damages . . . Continue reading Buyer’s Anticipatory Repudiation of Purchase Contract Entitled Seller to Retain Down Payment as Liquidated Damages
On May 13, 2025, the First Department issued a decision in Picken v. RN Realty LLC, 2025 NY Slip Op. 02888, holding that a real estate broker was entitled to a commission if the seller thwarted the transaction in order to avoid paying the commission . . . Continue reading Broker Entitled to Commission if Seller Thwarted the Transaction to Avoid Paying the Commission
On May 7, 2025, the Second Department issued a decision in Yorktown Funeral Home, LLC v. Kamitis, Inc., 2025 NY Slip Op. 02812, holding that a tenant may make non-structural modifications to a commercial property that are necessary to carry on the tenant’s business . . . Continue reading Tenant May Make Non-Structural Modifications Necessary to Carry on Business
