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Posts Categorized: Real Property

Posted: December 6, 2016

Strict Compliance With Notice Provision Not Required In Real Estate Case

On November 28, 2016, Justice Ritholtz of the Queens County Commercial Division issued a decision in 11-01 36 Ave. LLC v. Quamar, 2016 NY Slip Op. 26388, denying a motion for summary judgment seeking to have a time-is-of-the-essence letter declared a nullity. In the underlying dispute, the parties had entered into a contract for the… Read more »

Posted: November 26, 2016

Warranty of Habitability Does Not Include Right to Create Additional Habitable Space

On November 22, 2016, the First Department issued a decision in Seigel v. Dakota, Inc., 2016 NY Slip Op. 07850, holding that the warranty of habitability does not include the right to create additional habitable space. In Seigel, the plaintiff “purchased shares in defendant cooperative corporation and entered into a proprietary lease for the occupancy… Read more »

Posted: September 9, 2016

Lease Not Terminated Due to Failure Strictly to Comply With Notice Provisions

On August 25, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Core Services Group, Inc. v. Teams Housing Development Corp. Fund, Inc., 2016 NY Slip Op. 31634(U), holding that a lease was not terminated due to the landlord’s failure to observe the lease’s notice provisions, explaining: Teams’ motion for… Read more »

Posted: August 10, 2016

Not Maintaining Security Deposit in New York Bank Branch Violates GOL § 7-103; No Damages

On August 5, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in Urban Soccer Inc. v. Royal Wine Corp., 2016 NY Slip Op. 26250, holding that the failure to deposit a security deposit in the New York branch of a New York bank violated General Obligations Law § 7-103, but… Read more »

Posted: June 11, 2016

Untimely Yellowstone Injunction Denied

On May 26, 2016, Justice Singh of the New York County Commercial Division issued a decision in Westside Radiology Associates, P.C. v. St. Luke’s-Roosevelt Hospital Center, 2016 NY Slip Op. 30970(U), denying a Yellowstone injunction as untimely, explaining: It is well settled that there is no basis for relief provided by a Yellowstone injunction, where… Read more »

Posted: May 14, 2016

Yellowstone Proceeding Found to be Timely

On May 3, 2016, the First Department issued a decision in 117-119 Leasing Corp. v. Reliable Wool Stock, LLC, 2016 NY Slip Op. 03439, holding that a Yellowstone proceeding was timely brought, explaining: The motion court properly treated the notice of termination as a notice to cure, and properly deemed the period between service of… Read more »