Category: Real Property

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

On June 28, 2022, the First Department issued a decision in Odonata Ltd. v. Baja 137 LLC, 2022 NY Slip Op. 04128, holding that a lease amendment that was negotiated but not signed was not effective . . . Continue reading Amended Lease That was Negotiated but not Signed Not Effective

On June 10, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Golden Resources, LLC v. Seddio, 2022 NY Slip Op. 31846(U), holding that a plaintiff that elected to bring an action at law to collect on a note could not later bring an equitable action to foreclose on a mortgage . . . Continue reading Plaintiff Must Choose Between an Action at Law on the Note or an Equitable Action to Foreclose on the Mortgage

On April 18, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Jack G. Ct. St. LLC v 16 Ct. St. Brooklyn Owner LLC, 2022 NY Slip Op 31269(U), granting a Yellowstone injunction based on a dispute over the amount of rent a tenant owed . . . Continue reading Court Grants Yellowstone Injunction Based on Dispute Over Amount of Rent Owed

On March 30, 2022, the Second Department issued a decision in City of New York v. Prudenti’s Rest. on the Riv., Inc., 2022 NY Slip Op. 02110, holding that questions of fact precluded summary judgment on a claim by the City for ejectment . . . Continue reading Questions of Fact Preclude Summary Judgment on City’s Ejectment Claim

On February 14, 2022, Justice Borrok of the New York County Commercial Division issued a decision in U.S. Bank N.A. v. 342 Prop. LLC, 2022 NY Slip Op. 30488(U), holding that in the absence of an intercreditor agreement, a mezzanine lender could not prevent a senior lender from foreclosing on a loan . . . Continue reading Mezzanine Lender Lacked Power to Block Senior Lender’s Foreclosure