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
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 June 2, 2022, the First Department issued a decision in LHWS LLC v. S.L. Green Realty Corp., 2022 NY Slip Op. 03574, holding that a broker had adequately alleged its entitlement to a commission . . . Continue reading Broker Adequately Alleges Entitlement to Commission
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 March 15, 2022, the First Department issued a decision in Picken v. RN Realty LLC, 2022 NY Slip Op. 01749, holding that a seller may owe a commission to a broker if seller interfered with transaction when it was plainly and evidently approaching success . . . Continue reading Seller May Owe Commission to Broker if Seller Interfered with Transaction to Avoid Paying a Commission
