On November 12, 2020, the Second Department issued a decision in Ehrenreich v. Israel, 2020 NY Slip Op. 06499, holding that a settlement agreement requiring the sale of real property was unenforceable under the Statute of Frauds, explaining: We agree with the defendants that the causes of action in the complaint, all of which are... Read more »
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Posts Categorized: Real Property
Tenant Not in Possession Cannot Rely on Equitable Rule Allowing for Late Renewal of Commercial Lease
On October 27, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in SVC W. Babylon LLC v. 204 Great E. Neck Rd. LLC, 2020 NY Slip Op. 20289, holding that a tenant not in possession cannot rely on an equitable rule allowing for the late renewal of a commercial lease, explaining:... Read more »
Broker Not Entitled to Commission for Introducing Purchaser to Seller When Initial Negotiations Failed and Broker Uninvolved in Subsequent Negotiations
On October 13, 2020, Justice Masley of the New York County Commercial Division issued a decision in Picken v. RN Realty, LLC, 2020 NY Slip Op. 33370(U), holding that a broker that introduced the purchaser to the seller was not entitled to a commission when the initial negotiations failed and the broker was uninvolved in... Read more »
Court Cannot Vacate, Modify or Discharge Lien Law § 19 Lien Where There is no Defect on the Face of the Lien
On October 1, 2020, the First Department issued a decision in Pizzarotti, LLC v. FPG Maiden Lane LLC, 2020 NY Slip Op. 05305, holding that a court cannot vacate, modify or discharge a Lien Law § 19 lien where there is no defect on the face of the lien, explaining: A court has no inherent... Read more »
Transfer of Ownership of a Tenant Does not Constitute an Assignment of a Lease
On August 2, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Board of Directors of Big Deal Realty on Greene St., Inc. v. 60G 133 Greene St. Owner, LLC, 2020 NY Slip Op. 50885(U), holding that the transfer of an interest in a tenant does not constitute an assignment... Read more »
Plaintiff Was Not Entitled to RPL § 291’s Good Faith Purchaser for Value Protections Because it Was Aware of the Unrecorded Interest
On July 24, 2020, the Fourth Department issued a decision in Amalfi, Inc. v. 428 Co., Inc., 2020 NY Slip Op. 04285, holding that a plaintiff was not entitled to RPL 291’s good faith purchaser for value protections because it was aware of the unrecorded interest, explaining: We also reject the SS defendants’ contention that... Read more »
Maintaining and Using Disputed Property Insufficient, Without More, to Support Claim for Adverse Possession
On June 3, 2020, the Second Department issued a decision in Finger v. 162 Grand St. Realty, LLC, 2020 NY Slip Op. 03098, holding that maintaining and using disputed property was insufficient, without more, to support a claim for adverse possession, explaining: A party seeking to obtain title by adverse possession must prove by clear... Read more »
Landlord Not Entitled to Accounting from Tenant
On April 24, 2020, Justice Masley of the New York County Commercial Division issued a decision in 1101-43 Ave Acquisition LLC v. Rockstar Hotels LLC, 2020 NY Slip Op. 31424(U), holding that a landlord was not entitled to an accounting from a tenant or property manager, explaining: Plaintiff cannot establish a likelihood of success with... Read more »
Statute of Frauds Bars Claims Based on Alleged Oral 99-Year Lease
On May 13, 2020, the Second Department issued a decision in Roman Catholic Church of the Epiphany v. City of New York, 2020 NY Slip Op. 02818, holding that the statute of frauds barred claims based on an alleged oral 99-year lease, explaining: The statute of frauds prohibits, inter alia, the lease of real property... Read more »
Court Voids Lien Law Lien Because of Exaggerated Claim
On April 23, 2020, Justice Masley of the New York County Commercial Division issued a decision in GPK 31-19 LLC v. L&L Constr. Dev. Inc., 2020 NY Slip Op. 31046(U), voiding a Lien Law lien because it was excessive, explaining: Lien Law 39 states that a lien willfully exaggerated in amount is void. The elements... Read more »