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
On November 26, 2021, Justice Masley of the New York County Commercial Division issued a decision in LHWS LLC v. S.L. Green Realty Corp., 2021 NY Slip Op. 32459(U), holding that a plaintiff adequately had alleged an entitlement to a commission on a property sale . . . Continue reading Plaintiff Adequately Pleads Entitlement to Commission on Property Sale
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
On October 7, 2021, the First Department issued a decision in Vendome v. Oldenburg, 2021 NY Slip Op. 05409, holding that the statute of frauds barred a contract claim relating to the sale of real property . . . Continue reading Statute of Frauds Bars Contract Claim Relating to Real Property Sale
On August 11, 2021, the Second Department issued a decision in Tavor v. Lane Towers Owners, Inc., 2021 NY Slip Op. 04676, holding that use and occupancy is an equitable remedy . . . Continue reading Use and Occupancy Award is Equitable, Not Legal Remedy
