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
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
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
On July 20, 2022, the Second Department issued a decision in Bank of N.Y. Mellon v. McCaffrey, 2022 NY Slip Op. 04619, affirming the denial of summary judgment in a foreclosure action because the lender failed to establish that its RAPL 1303 notice complied with the statute’s type-face requirements . . . Continue reading Lender Denied Summary Judgment of Foreclosure Because of Failure to Give Notice in Type-Face Required by RPAPL 1303
