Monthly Archives: August 2021

Posted: August 27, 2021

Co-Op Owner Required to Pay Use and Occupancy For Maintenance Pendente Lite

On August 11, 2021, the Second Department issued a decision in Tavor v. Lane Towers Owners, Inc., 2021 NY Slip Op 04676, holding that a co-op owner was required to pay past and prospective use and occupancy for his maintenance pendente lite, and that this obligation arose not from an underlying contract between landlord and... Read more »

Posted: August 25, 2021

Owners of Residential Units in Luxury Condominium Were Third-Party Beneficiaries of Clause in Ground Lease Concerning Quality of Hotel To Be Operated on Lower Floors of Building

On August 5, 2021, the First Department issued a decision in Residential Board of Millennium Point v. Condominium Board of Millennium Point, 2021 NY Slip Op 04649, holding that owners of residential units in a condominium were intended third-party beneficiaries of a ground lease between Hugh L. Carey Battery Park City Authority as landlord and... Read more »

Posted: August 23, 2021

Under Principle of Ejusdem Generis, Use of “Any and All” In Contract Clause Before List of Specific Activities Does Not Expand Clause Beyond Activities Specified

On July 30, 2021, Justice Ostrager of the New York County Commercial Division issued a decision in Levy v. Zimmerman, 2021 NY Slip Op 50738(U), holding that the use of the words “any and all income” in a contract preceding a list of specified activities the income from which plaintiff was entitled to a percentage... Read more »

Posted: August 20, 2021

Contract Clause Waiving Right to Challenge Jurisdiction of the Courts of the State of New York Insufficient to Waive Venue Challenge

On July 26, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Meritage Hospitality Group, Inc. v. North Am. Elite Ins. Co., 2021 NY Slip Op 50700(U), holding that a contract clause stating that the parties “irrevocably submit to the exclusive jurisdiction of the Courts of the State of New York,... Read more »

Posted: August 18, 2021

A Creditor is Only Entitled to Recover Past Due Installments on Defaulted Note Absent an Acceleration Clause

On July 9, 2021, the Fourth Department issued a decision in Estate of Kathryn Essig v. Essig, 2021 NY Slip Op. 04301, holding that absent an acceleration clause providing for the entire amount of a note due upon default, in general a creditor is only entitled to recover the past due installments, explaining: We agree... Read more »

Posted: August 16, 2021

Pandemic No Excuse for Failing to Respond to Subpoena Served Long Before Pandemic Began

On July 8, 2021, the First Department issued a decision in Sang Cheol Woo v. Spackman, 2021 NY Slip Op. 04287, holding that a contempt order was appropriate where a party was directed to comply with a subpoena issued before the COVID-19 Pandemic and much of the information and documents sought did not require collection... Read more »

Posted: August 12, 2021

Financial Difficulties Due to COVID-19 Pandemic No Excuse for Failure to Pay Pursuant to Settlement Agreement

On June 9, 2020, Justice Schecter of the New York County Commercial Division issued a decision in Maesa LLC v. TPR Holdings LLC, 2020 NY Slip Op 34523, holding that the COVID-19 pandemic did not excuse a party’s performance under a settlement agreement, explaining: There is no question of fact that defendant breached the settlement... Read more »

Posted: August 11, 2021

Attorney’s Response to Email Agreeing to Settle Case Sufficient to Form a Valid Enforceable Settlement Agreement

On July 16, 2021, the Fourth Department issued a decision in Field v. Pet Haven, Inc., (2021 NY Slip Op 04450), holding that an attorney’s acceptance of an offer to settle a dispute via email was sufficient to form a valid enforceable settlement agreement even when the attorney later refuses to sign a formal agreement,... Read more »

Posted: August 10, 2021

One Party Cannot Unilaterally Waive Jointly-Held Attorney-Client Privilege Without the Consent of Other Parties

On July 22, 2021, the First Department issued a decision in U.S. Bank Natl. Assn. v. Lightstone Holdings LLC, 2021 NY Slip Op. 04537, holding that a party who jointly holds attorney-client privilege with other parties cannot unilaterally waive the privilege without consent explaining: Subject matter waiver of a privilege occurs when “a party affirmatively... Read more »