Posts Categorized: Real Property

Posted: January 6, 2020

Buyer Attorney Letter Refusing to Close on Real Estate Transaction Based on Mistaken View That Seller Had Breach Constituted Anticipatory Breach

On December 18, 2019, the Second Department issued a decision in Lamarche Food Prods. Corp. v. 438 Union, LLC, 2019 NY Slip Op. 08995, holding that a letter from a buyer’s attorney refusing to close on a real estate transaction based on the mistaken view that the seller had breached the sale agreement constituted an... Read more »

Posted: October 20, 2019

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 »

Posted: September 28, 2019

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 »

Posted: September 27, 2019

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 »

Posted: September 8, 2019

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 »

Posted: June 1, 2019

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 »