On October 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision in 388 Broadway Owners, LLC v. Mary MeGee, on Television, Ltd., 2019 NY Slip Op. 33074(U), holding that the Statute of Frauds bars a claim based on an alleged oral guarantee of rent obligations, explaining: Pursuant to General Obligations... Read more »
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Posts Categorized: Real Property
Constructive Eviction Suspends Obligation to Pay Rent
On October 8, 2019, Justice Emerson of the Suffolk County Commercial Division issued a decision in Board of Mgrs. of Manhasset Med. Arts Condominium v. Integrated Med. Professionals, PLLC, 2019 NY Slip Op. 51588(U), holding that a constructive eviction suspends a tenant’s obligation to pay rent, explaining: Contrary to Realty’s contentions, withholding the entire amount... Read more »
Tenant Could Not Bring and Then Consolidate Two Actions to Avoid No Counterclaims Provision in Lease
On September 20, 2019, Justice Borrok of the New York County Commercial Division issued a decision in W.J. Enterprise, Inc. v. Nomad 28th St. LLC, 2019 NY Slip Op. 32761(U), holding that a tenant could not bring and then consolidate two actions to avoid a no counterclaims provision in a lease, explaining: WJ argues that,... Read more »
Yellowstone Injunction Denied Because Failure to Have Insurance Was Not Curable
On September 12, 2019. Justice Borrok of the New York County Commercial Division issued a decision in Booston LLC v. 35 W. Realty Co., LLC, 2019 NY Slip Op. 32716(U), denying a Yellowstone injunction because a failure to have insurance coverage was not curable, explaining: In addition, putting aside the No Waiver clause that dictates... Read more »
Court Grants Yellowstone Injunction, Noting Low Burden for Granting Such an Injunction
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 »
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 »