On February 28, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Smg Auto. Holdings LLC v. AAF Real Estate, LLC, 2023 NY Slip Op. 30673(U), holding that a landlord’s acceptance of rent waived a breach of the lease . . . Continue reading Landlord’s Acceptance of Rent Waived Breach of Lease
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
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
On February 15, 2023, the Second Department issued a decision in R. Vig Props., LLC v. Rahimzada, 2023 NY Slip Op. 00887, holding that in a real estate sales transaction, “once the deed is delivered, its terms are all that survive and the purchaser is barred from prosecuting any claims arising out of the contract” . . . Continue reading Under Merger Doctrine, Transfer of Deed Extinguished Breach of Contract Claim
On February 14, 2023, the Court of Appeals issued a decision in Hetelekides v. County of Ontario, 2023 NY Slip Op. 00803, reaffirming the constitutionality of in rem foreclosure proceedings . . . Continue reading Court of Appeals Reaffirms Constitutionality of In Rem Foreclosure Proceedings
On February 1, 2023, the Second Department issued a decision in US Bank N.A. v. Okoye-Oyibo, 2023 NY Slip Op. 00457, denying summary judgment of foreclosure because of the failure to prove possession of the note and properly-affixed allonges . . . Continue reading Plaintiff Denied Summary Judgment on Foreclosure Claim Due to Failure to Show Possession of Note and Properly-Affixed Allonge’s
On January 25, 2023, Justice Reed of the New York County Commercial Division issued a decision in 259 E Broadway LLC v. 259 E. Broadway Assoc., LLC, 2023 NY Slip Op 50061(U), holding that an improperly-served notice of termination of a lease was ineffective . . . Continue reading Improperly-Served Notice of Lease Termination Ineffective
On January 4, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Fink v. 218 Hamilton LLC, 2023 NY Slip Op. 30092(U), holding that a time of the essence letter set the deadline to close a purchase transaction . . . Continue reading Time of the Essence Letter Set Deadline to Close Purchase Transaction
On January 18, 2023, the Second Department issued a decision in JP Morgan Chase Bank, NA v. Cantwell, 2023 NY Slip Op. 00210, holding that a borrower’s discharge in bankruptcy did not bar a foreclosure action . . . Continue reading Borrower’s Discharge in Bankruptcy Does Not Bar Action to Foreclose
On January 5, 2023, the First Department issued a decision in Golobe v. Altchek, 2023 NY Slip Op. 00031, affirming a grant of ownership by adverse possession . . . Continue reading Party Granted Ownership of Property Through Adverse Possession
