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
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
