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Posts Categorized: Real Property

Posted: November 25, 2017

Tenant Must Seek Yellowstone Injunction Before Cure Period Ends

On November 22, 2017, the Second Department issued a decision in Riesenburger Properties, LLLP v. Pi Associates, LLC, 2017 NY Slip Op. 08294, affirming the denial of a Yellowstone injunction because the tenant sought the injunction after the time to cure the defects alleged by the landlord had expired, explaining: A Yellowstone injunction maintains the… Read more »

Posted: October 20, 2017

Question of Fact Regarding Whether Time Was of the Essence Precludes Summary Judgment

On October 2, 2017, Justice Ash of the Kings County Commercial Division issued a decision in Scott Randolph LLC v. Gholis of Brooklyn Corp., 2017 NY Slip Op. 32086(U), holding that there was a question of fact regarding whether time was of the essence in a real estate contract, explaining: Where time is not made… Read more »

Posted: October 18, 2017

Court of Appeals Grants Leave to Appeal in Case Involving Enforceability of Deed Covenant to Provide Free Electricity

On October 17, 2017, the Court of Appeals granted leave to appeal in Niagara Mohawk Power Corp. v. Allied Healthcare Products, Inc. The case concerns the enforceability of a deed covenant requiring the provision of free electrical power to mills located on a related parcel owned by the defendant. We previously blogged about the Third… Read more »

Posted: July 31, 2017

Fact Issues Do Not Preclude Issuance of a Yellowstone Injunction

On June 9, 2017, Justice Grays of the Queens County Commercial Division issued a decision in SBA Monarch Towers I, LLC. v. Hirakis, 2017 NY Slip Op. 31580(U), granting a Yellowstone injunction despite issues of fact regarding the merits, explaining: The purpose of a Yellowstone injunction is to enable a tenant confronted by a notice… Read more »

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 »