On July 11, 2019, Justice Livote of the Queens County Commercial Division issued a decision in US Bank N.A. v N. Blvd. 4818, LLC, 2019 NY Slip Op. 32572(U), granting a Yellowstone injunction staying the termination of a commercial lease, explaining: A Yellowstone injunction maintains the status quo so that a commercial tenant, when confronted... Read more »
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Posts Categorized: Real Property
Purchaser Had Constructive Notice of Easement Even Though Easement Was Not Indexed to Lot
On September 3, 2019, the First Department issued a decision in Akasa Holdings, LLC v. 214 Lafayette House, LLC, 2019 NY Slip Op. 06447, holding that the purchaser of a lot had constructive notice of an easement even though the easement was not indexed in connection with the lot, explaining: A bona fide purchaser of... Read more »
Party That Fails to Close on Purchase Cannot Later Enforce Right of First Refusal
On July 15, 2019, Justice Schecter of the New York County Commercial Division issued a decision in Vahdat v. Capdel LLC, 2019 NY Slip Op. 32028(U), holding that a party that failed to close on a purchase could not later seek to enforce its right of first refusal, explaining: Plaintiff already exercised his right of... Read more »
Landlord Changing Locks Constitutes Eviction
On May 30, 2019, the First Department issued a decision in Mauray Realty Co. v. Advantage Plastics, Inc., 2019 NY Slip Op. 04299, holding that a landlord changing the locks on a premises constitutes an actual eviction, explaining: Although plaintiffs landlords argue that changing the locks did not amount to an eviction, the Court of... Read more »
Court Dismisses Claims, Enforcing No Damages for Delay Clause
On May 23, 2019, the First Department issued a decision in Welsbach Elec. Corp. v. Judlau Contr., Inc., 2019 NY Slip Op. 04037, upholding the dismissal of claims because of a contract’s no damages for delay clause, explaining: The causes of action relating to additional work, delay and acceleration of scheduled work were all properly... Read more »
Statute of Frauds Did Not Bar Claim Based on Alleged Oral Contract for Real Estate Commission
On May 23, 2019, the First Department issued a decision in Elhanani v. Kuzinez, 2019 NY Slip Op. 04042, holding that the Statute of Frauds did not bar a claim based on an alleged oral contract for a real estate commission, explaining: The complaint alleges that plaintiff Eran Elhanani, a real estate broker, and defendant... Read more »
Plaintiff Adequately Alleges Negligent Misrepresentation Claim
On May 9, 2019, Justice Masley of the New York County Commercial Division issued a decision in Steadfast Ins. Co. v Allan Briteway Elec. Contr., Inc., 2019 NY Slip Op. 31363(U), holding that a plaintiff had adequately alleged a negligent misrepresentation claim, explaining: Here, ABE states classic negligent misrepresentation in a project to construct a building.... Read more »
Lien Law is not for the Benefit of Property Owners
On May 7, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in 514 W. 24th Owner LLC v. Pryor, 2019 NY Slip Op. 31300(U), holding that a property owner cannot base a claim on the Lien Law, explaining: Article 3-A of the Lien Law establishes a comprehensive series of trusts to... Read more »
Contract Term Waiving Right to Seek Yellowstone Injunction Enforceable
On May 7, 2019, the Court of Appeals issued a decision in 159 MP Corp. v. Redbridge Bedford, LLC, 2019 NY Slip Op. 03526, holding that a contract term waiving the right to seek a Yellowstone injunction was enforceable, explaining: We begin with the familiar and eminently sensible proposition of law that, when parties set... Read more »
Questions of Fact Preclude Decision on Whether Tenant Held-Over By Leaving Office Furniture and Equipment in Premisis
On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Roza 14W LLC v. Fordham Fin. Mgt., Inc., 2019 NY Slip Op. 30950(U), holding that questions of fact precluded a decision on whether a tenant leaving office furniture and equipment in a premises constituted a hold-over tenancy, explaining: Fordham... Read more »