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Posts Categorized: Real Property

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 »

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 »