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Posts Categorized: Real Property

Posted: November 27, 2020

Settlement Agreement Involving the Sale of Real Property Unenforceable Under Statute of Frauds

On November 12, 2020, the Second Department issued a decision in Ehrenreich v. Israel, 2020 NY Slip Op. 06499, holding that a settlement agreement requiring the sale of real property was unenforceable under the Statute of Frauds, explaining: We agree with the defendants that the causes of action in the complaint, all of which are... Read more »

Posted: November 16, 2020

Tenant Not in Possession Cannot Rely on Equitable Rule Allowing for Late Renewal of Commercial Lease

On October 27, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in SVC W. Babylon LLC v. 204 Great E. Neck Rd. LLC, 2020 NY Slip Op. 20289, holding that a tenant not in possession cannot rely on an equitable rule allowing for the late renewal of a commercial lease, explaining:... Read more »

Posted: November 11, 2020

Broker Not Entitled to Commission for Introducing Purchaser to Seller When Initial Negotiations Failed and Broker Uninvolved in Subsequent Negotiations

On October 13, 2020, Justice Masley of the New York County Commercial Division issued a decision in Picken v. RN Realty, LLC, 2020 NY Slip Op. 33370(U), holding that a broker that introduced the purchaser to the seller was not entitled to a commission when the initial negotiations failed and the broker was uninvolved in... Read more »

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 »