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Posts Categorized: Real Property

Posted: August 2, 2020

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 »

Posted: June 21, 2020

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 »

Posted: June 6, 2020

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 »

Posted: May 10, 2020

Landlord’s Acceptance of Rent from Entity Other Than Lessee Did Not Waive Lease’s Non-Assignment Provisions

On May 6, 2020, the Second Department issued a decision in VRA Family L.P. v. Salon Mgt. USA, LLC, 2020 NY Slip Op. 02639, holding that a landlord’s acceptance of rent from an entity other than the lessee did not waive the lease’s non-assignment provisions, explaining: [D]efendants failed to raise a triable issue of fact... Read more »

Posted: March 26, 2020

Coronavirus and the Commercial Tenant: A Guide to Dealing With Your Landlord During the COVID-19 Pandemic

Coronavirus and the Commercial Tenant: A Guide to Dealing With Your Landlord During the COVID-19 Pandemic By Jeffrey M. Eilender, Joshua Wurtzel, and Christopher R. Dyess As much of New York’s economy grinds to a halt, businesses of all kinds are asking how they will pay their rent. The answer, if you have good legal... Read more »

Posted: March 22, 2020

Voluntary Payment Doctrine Prevents Tenant From Recovering Overpayments to Landlord

On February 28, 2020, Justice Borrok of the New York County Commercial Division issued a decision in A&B Deli Inc. v 251 Sixth Ave., LLC, 2020 NY Slip Op. 30650(U), holding that the voluntary payment doctrine prevented a tenant from recovering overpayments to its landlord, explaining: The common-law voluntary payment doctrine bars recovery of payments... Read more »

Posted: March 20, 2020

Court of Appeals Accepts Certified Question Regarding The Showing a Defendant Must Make to Render Inadequate the Plaintiff’s Proof of Compliance with RPAPL § 1304

On February 13, 2020, the Court of Appeals accepted two certified questions from the Second Circuit in CIT Bank v. Schiffman: “(1) Where a foreclosure plaintiff seeks to establish compliance with RPAPL [Real Property Actions and Proceedings Law] § 1304 through proof of a standard office mailing procedure, and the defendant both denies receipt and... Read more »