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Posts Categorized: Real Property

Posted: October 21, 2018

Claim for Commission on Real Estate Purchase Dismissed: Plaintiff Did Not Establish That He Was the Procuring Cause of the Transaction

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 »

Posted: September 6, 2018

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 »

Posted: July 26, 2018

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 »

Posted: July 17, 2018

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 »

Posted: June 5, 2018

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 »

Posted: May 3, 2018

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 »

Posted: April 25, 2018

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 »

Posted: March 29, 2018

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 »