On August 16, 2023, the Second Department issued a decision in Whelan v. Busiello, 2023 NY Slip Op. 04334, holding that a notice of pendency was improper because it did not relate to the possession, use or enjoyment of, real property . . . Continue reading Notice of Pendency Improper if it Does Not Apply to the Possession, Use or Enjoyment of Real Property
On August 9, 2023, the Second Department issued a decision in Wells Fargo Bank N.A. v. Carney, 2023 NY Slip Op. 04231, holding that a person who signed a mortgage is a borrower for purposes of RPAPL 1304 notice even if they did not sign the related note . . . Continue reading Person Who Signed Mortgage Is Borrower for Purposes of RPAPL 1304 Notice Even if They Did Not Sign the Related Note
On May 17, 2023, the Second Department issued a decision in WBXB, LLC v. Rosswaag, 2023 NY Slip Op. 02708, construing a contract to avoid violating the rule against perpetuities . . . Continue reading Court by Construction Saves Agreement from Violating the Rule Against Perpetuities
On April 19, 2023, Justice Ruchelsman of the Kings County Supreme Court issued a decision in Jiang v. Howe, 2023 NY Slip Op. 31304(U), holding that the Statute of Frauds barred a contract claim relating to a real estate investment . . . Continue reading Statute of Frauds Bars Claim Regarding Real Estate Investment
On March 8, 2023, Justice Chan of the New York County Commercial Division issued a decision in 1516 Roof LLC v. 469 Holdings, LLC, 2023 NY Slip Op. 30694(U), holding that the undertaking required for a Yellowstone injunction is to compensate the landlord if the injunction was improvidently granted, not to cure all alleged breaches . . . Continue reading Undertaking Required for Yellowstone Injunction is to Compensate Landlord if Injunction Improvidently Granted, Not to Cure All Alleged Breaches
On February 28, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Smg Auto. Holdings LLC v. AAF Real Estate, LLC, 2023 NY Slip Op. 30673(U), holding that a landlord’s acceptance of rent waived a breach of the lease . . . Continue reading Landlord’s Acceptance of Rent Waived Breach of Lease
On February 22, 2023, the Second Department issued a decision in Bank of N.Y. Mellon v. Selig, 2023 NY Slip Op. 00979, holding that a foreclosure action plaintiff was allowed to prove possession of the note by submitting a copy of the PSA and accompanying mortgage loan schedule . . . Continue reading Foreclosure Action Plaintiff Allowed to Prove Possession of the Note by Submitting Copy of PSA and Mortgage Loan Schedule
On February 22, 2023, the Second Department issued a decision in Prestige Deli & Grill Corp. v. PLG Bedford Holdings, LLC, 2023 NY Slip Op. 01019, holding that the Governor’s Covid tolling orders did not affect the time to cure a breach of a commercial lease . . . Continue reading Governor’s Covid Tolling Orders Did Not Affect Time to Cure Breach of Commercial Lease
On February 15, 2023, the Second Department issued a decision in R. Vig Props., LLC v. Rahimzada, 2023 NY Slip Op. 00887, holding that in a real estate sales transaction, “once the deed is delivered, its terms are all that survive and the purchaser is barred from prosecuting any claims arising out of the contract” . . . Continue reading Under Merger Doctrine, Transfer of Deed Extinguished Breach of Contract Claim
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
