Claim for Imposition of an Equitable Lien Dismissed Because it was not Based on a Promise Relating to the Purchase of a Specific Property
Commercial Case Notes / Injunctions, Attachments and Other Preliminary Remedies / Real Property

Claim for Imposition of an Equitable Lien Dismissed Because it was not Based on a Promise Relating to the Purchase of a Specific Property

On January 27, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Zwebner v. Strulovitch, 2022 NY Slip Op. 30478(U), dismissing a claim for an equitable lien because it was not based on a promise relating to the purchase of a specific property . . . Continue reading Claim for Imposition of an Equitable Lien Dismissed Because it was not Based on a Promise Relating to the Purchase of a Specific Property

Court Rejects Frustration of Purpose Defense Because Pandemic Did Render Lease Valueless
Commercial Case Notes / Contracts / Real Property

Court Rejects Frustration of Purpose Defense Because Pandemic Did Render Lease Valueless

On December 8, 2021, Justice Walker of the Eighth Judicial District Commercial Division issued a decision in Amherst II UE LLC v. Fitness Intl., LLC, 2021 NY Slip Op. 51289(U), holding that the COVID-19 pandemic did not render a lease valueless and so rejected a frustration of purpose defense . . . Continue reading Court Rejects Frustration of Purpose Defense Because Pandemic Did Render Lease Valueless

Anticipatory Repudiation Claim Survives Dismissal Because of Factual Issues
Commercial Case Notes / Contracts / Real Property

Anticipatory Repudiation Claim Survives Dismissal Because of Factual Issues

On November 29, 2021, Justice Cohen of the New York County Commercial Division issued a decision in 1855 Broadway LLC v. New York Inst. of Tech., 2021 NY Slip Op. 32501(U), refusing to dismiss a claim for anticipatory repudiation of a real estate sales contract based on factual questions . . . Continue reading Anticipatory Repudiation Claim Survives Dismissal Because of Factual Issues

Lease Provision Requiring Tenant to Reimburse Landlord for Legal Fees in Suit Relating to Tenant’s Default Enforceable
Commercial Case Notes / Real Property

Lease Provision Requiring Tenant to Reimburse Landlord for Legal Fees in Suit Relating to Tenant’s Default Enforceable

On November 22, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Glaze Teriyaki, LLC v. MacArthur Props. I, LLC, 2021 NY Slip Op. 32421(U), holding that a lease provision requiring a tenant to reimburse the landlord for its legal fees in a suit relating to the tenant’s default was enforceable . . . Continue reading Lease Provision Requiring Tenant to Reimburse Landlord for Legal Fees in Suit Relating to Tenant’s Default Enforceable