Category: Real Property

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 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