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Posts Categorized: Real Property

Posted: March 29, 2018

Statute of Limitations Does Not Apply to Claim Based on Allegedly Forged Deed

On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Stewart v. VSR Stewart Mgt., LLC, 2018 NY Slip Op. 30433(U), denying a motion to dismiss on statute of limitations ground, holding that the statute of limitations was not a defense to a claim based on a forged deed,… Read more »

Posted: March 24, 2018

If Mortgage Commitment Letter is Revoked, Question of Whether Mortgage Contingency Applies Depends on Reasons for Revocation

On March 16, 2018, the Fourth Department issued a decision in Md3 Holdings, LLC v. Buerkle, 2018 NY Slip Op. 01836, holding that if a mortgage commitment letter is revoked, the question of whether the mortgage contingency applies depends on the reason for the revocation, explaining: Defendant contracted to purchase plaintiff’s commercial building in the… Read more »

Posted: March 19, 2018

Salesperson Supervised by a Broker Can Make Claim for Commission Based on Oral Contract

On February 20, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in Saran v. Shanghai Chengtou (USA), LLC, 2018 NY Slip Op. 30292(U), holding that a salesperson supervised by a broker can make a claim for a commission based on an oral contract, explaining: While it is clear on the… Read more »

Posted: February 26, 2018

Second Department Holds That Yellowstone Remedy Can Be Waived In A Commercial Lease

On January 31, 2018, the Second Department issued a decision in 159 MP Corp. v. Redbridge Bedford, LLC, 2018 N.Y. Slip Op. 00537, in which a divided Second Department panel upheld a decision by Justice Schmidt of the Kings County Supreme Court that denied a Yellowstone application and dismissed a declaratory judgment action seeking a… Read more »

Posted: February 2, 2018

Court Orders Specific Performance of Contract to Sell Real Estate

On January 22, 2018, Justice Scarpulla of the New York County Supreme Court issued a decision in Split Rail Holdings LLC v. 176 Grand St. Corp., 2018 NY Slip Op. 30130(U), granting specific performance of a contract to sell real estate, explaining: To establish its entitlement to specific performance, the party seeking such relief must… Read more »

Posted: January 27, 2018

Yellowstone Injunction Denied; Tenant Did Not Show Ability or Intention to Cure Failure to Pay Rent

On January 16, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Serpin Intl. Gourmet Foods, Inc. v. Brooklyn Kings Plaza, LLC, 2018 NY Slip Op. 30069(U), denying a motion for a Yellowstone injunction because the tenant had not shown that ability or intention of curing its failure to pay rent,… Read more »

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 »