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
On November 29, 2022, the First Department issued a decision in 885 3rd Ave. Realty Owners LLC v. Alden Global Capital LLC, 2022 NY Slip Op. 06736, upholding a quantum meruit claim based on use and occupancy even though it was not pleaded as a separate cause of action . . . Continue reading Court Upholds Quantum Meruit Claim for Use and Occupancy Even Though it was Not Pleaded as a Separate Cause of Action
On November 16, 2022, the Second Department issued a decision in HSBC Bank USA, N.A. v. Gordon, 2022 NY Slip Op. 06473, holding that a servicer affidavit failed adequately to document compliance with the RPAPL . . . . Continue reading Servicer Affidavit Failed Adequately to Document RPAPL Compliance
On October 19, 2022, the Second Department issued a decision in Saunders Ventures, Inc. v. Catcove Group, Inc., 2022 NY Slip Op. 05879, holding that a broker was entitled to a commission because it was the procuring cause of a sale . . . Continue reading Broker Entitled to Commission Because it was Procuring Cause of Sale
On September 29, 2022, Justice Chan of the New York County Commercial Division issued a decision in Board of Mgrs. of 87-89 Leonard St. Condominium v. Leonard St. Owner, LLC, 2022 NY Slip Op. 33275(U), holding that condo offering plan disclaimers are not enforceable with respect to facts only within the sponsor’s knowledge . . . Continue reading Condo Offering Plan Disclaimers Unenforceable With Respect to Facts Only Within Sponsor’s Knowledge
On August 25, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in 2875 W. 8th St. Assoc., L.P. v. Bonomo, 2022 NY Slip Op. 32932(U), holding that a lack of sufficient insurance was a curable default for the purposes of a Yellowstone injunction if the tenant could bond a potential claim or procure retroactive insurance coverage . . . Continue reading Lack of Insurance is a Curable Default if Tenant Can Bond or Obtain Retroactive Insurance Covering Claim
On August 31, 2022, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Murray, 2022 NY Slip Op. 05110, denying a lender summary judgment of foreclosure because of its failure to document compliance with the RPAPL . . . Continue reading Lender Cannot Obtain Summary Judgment of Foreclosure Because of Failure to Document RPAPL Compliance
On August 11, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Sharestates Invs., LLC v. 280 Linden LLC, 2022 NY Slip Op. 32780(U), holding that it did not violate RPAPL § 1301 by simultaneously suing to foreclose on a mortgage and enforce a guaranty on a note . . . Continue reading RPAPL § 1301 Does Not Prohibit a Plaintiff from Simultaneously Suing to Foreclose on a Mortgage and Enforce a Guaranty on a Note in the Same Action
On August 3, 2022, the Second Department issued a decision in Cali Dev. Corp. v. Church Side Realty, LLC, 2022 NY Slip Op. 04786, holding that an out-of-possession commercial landlord was not liable for damage to a building . . . Continue reading Out-of-Possession Commercial Landlord Not Liable for Damages to Premises
