On October 2, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Vasiliu v. Miller, 2018 NY Slip Op. 32487(U), dismissing a claim for a commission, holding that the plaintiff was not the procuring cause of the transaction, explaining: Although as a general principle, a real estate broker will be deemed… Read more »
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Posts Categorized: Real Property
Time is of the Essence Letter Found Ineffective
On September 19, 2018, the Second Department issued a decision in Rodrigues NBA, LLC v. Allied XV, LLC, 2018 NY Slip Op. 06129, holding that a time is of the essence letter was ineffective, explaining: When, as here, a contract for the sale of real property does not make time of the essence, the law permits a… Read more »
Action for Specific Performance of Real Estate Sales Contract Dismissed; Purchaser Was Not Ready, Willing and Able to Purchase on Closing Date
On August 22, 2018, the Second Department issued a decision in 130 Third St. Loft, LLC v. HKF, Inc., 2018 NY Slip Op. 05810, holding that an action for specific performance of a real estate contract should have been dismissed because the purchaser was not ready, willing and able to purchase on the closing date,… Read more »
No Waiver Clause Precludes Claim of Waiver Based on Prior Course of Conduct
On July 12, 2018, Justice Ostrager of the New York County Commercial Division issued a decision in MacArthur Properties I, LLC v. Galbraith, 2018 NY Slip Op. 31612(U), holding that a no waiver clause precludes a claim of waiver based on prior course of conduct, explaining: Wholly without merit is plaintiff’s claim that the Condominium… Read more »
Claim for Return of Down Payment Survives Dismissal Based on Allegation That Sellers Were Not Ready, Willing and Able to Close
On July 5, 2018, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enterprises, LP, 2018 NY Slip Op. 05013, holding that a claim for the return of down payments was sufficient based on allegations that the sellers were not ready, willing and able to close, explaining: As a general… Read more »
Denial of Lease Renewal Option not an Unjust Forfeiture
On June 7, 2018, the First Department issued a decision in Robert B. Jetter, M.D., PLLC v. 737 Park Ave. Acquisition LLC, 2018 NY Slip Op 04085, holding that a denial of a lease renewal was not an unjust forfeiture, explaining: Jetter argues that denial of its renewal option would work an unjust forfeiture within… Read more »
Party Cannot Enforce Estoppel Certificates it Accepted Knowing that the Representations Were Not True
On June 5, 2018, the First Department issued a decision in Aerotek, Inc. v. 757 3rd Ave. Associates, LLC, 2018 NY Slip Op. 03943, holding that a party could not rely on an estoppel certificate it accepted knowing that it was not true, explaining: Plaintiffs seek to recover tenant improvement costs pursuant to two leases…. Read more »
Specific Performance on Real Estate Contract Inappropriate Where No Evidence of Plaintiff’s Ability to Close
On April 18, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Silvershore Props. LLC v. Dunning, 2018 NY Slip Op. 30715(U), denying specific performance of a contract to sell real property, explaining: Typically, a contract is not breached until the time set for performance has expired. To prevail on a… Read more »
Whether Metes and Bounds Description, Street Address or Tax Lot Numbers Determines What Property is Encumbered by Mortgage is a Question of Fact
On April 18, 2018, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Zhan Hua Cao, 2018 NY Slip Op. 02603, holding that where the property descriptions in a mortgage were inconsistent, which description was meant to be binding was a question of fact, not law, explaining: Real Property Law § 240(3)… Read more »
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 »