Court Upholds Quantum Meruit Claim for Use and Occupancy Even Though it was Not Pleaded as a Separate Cause of Action
Commercial Case Notes / Motion to Dismiss / Real Property

Court Upholds Quantum Meruit Claim for Use and Occupancy Even Though it was Not Pleaded as a Separate Cause of Action

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

Condo Offering Plan Disclaimers Unenforceable With Respect to Facts Only Within Sponsor’s Knowledge
Commercial Case Notes / Fraud/Misrepresentation / Real Property

Condo Offering Plan Disclaimers Unenforceable With Respect to Facts Only Within Sponsor’s Knowledge

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

Lack of Insurance is a Curable Default if Tenant Can Bond or Obtain Retroactive Insurance Covering Claim
Commercial Case Notes / Real Property

Lack of Insurance is a Curable Default if Tenant Can Bond or Obtain Retroactive Insurance Covering Claim

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

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
Commercial Case Notes / Real Property

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 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

Property Owner is Not a Necessary Party to a Lien Law Foreclosure Action if the Lien has Been Bonded or Discharged
Commercial Case Notes / Real Property

Property Owner is Not a Necessary Party to a Lien Law Foreclosure Action if the Lien has Been Bonded or Discharged

On July 26, 2022, Justice Crane of the New York County Commercial Division issued a decision in High Valley Designs Ltd. v. Bruno Frustaci Contr. Inc., 2022 NY Slip Op. 32479(U), holding that a property owner was not a necessary party to an action to foreclose on a Lien Law claim when the lien has been bonded or discharged . . . Continue reading Property Owner is Not a Necessary Party to a Lien Law Foreclosure Action if the Lien has Been Bonded or Discharged

Property Owner Lacks Standing to Assert Claim for Diversion of Lein Law Trust Funds
Commercial Case Notes / Real Property / Standing

Property Owner Lacks Standing to Assert Claim for Diversion of Lein Law Trust Funds

On July 19, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Aki Renovations Group, Inc. v. 38 PPSW, LLC, 2022 NY Slip Op. 32412(U), holding that a property owner lacked standing to assert a claim for diversion of Lein Law trust funds . . . Continue reading Property Owner Lacks Standing to Assert Claim for Diversion of Lein Law Trust Funds