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 »
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Posts Categorized: Real Property
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 »
Plaintiff Adequately Alleges Negligent Misrepresentation Claim
On May 9, 2019, Justice Masley of the New York County Commercial Division issued a decision in Steadfast Ins. Co. v Allan Briteway Elec. Contr., Inc., 2019 NY Slip Op. 31363(U), holding that a plaintiff had adequately alleged a negligent misrepresentation claim, explaining: Here, ABE states classic negligent misrepresentation in a project to construct a building.... Read more »
Lien Law is not for the Benefit of Property Owners
On May 7, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in 514 W. 24th Owner LLC v. Pryor, 2019 NY Slip Op. 31300(U), holding that a property owner cannot base a claim on the Lien Law, explaining: Article 3-A of the Lien Law establishes a comprehensive series of trusts to... Read more »
Contract Term Waiving Right to Seek Yellowstone Injunction Enforceable
On May 7, 2019, the Court of Appeals issued a decision in 159 MP Corp. v. Redbridge Bedford, LLC, 2019 NY Slip Op. 03526, holding that a contract term waiving the right to seek a Yellowstone injunction was enforceable, explaining: We begin with the familiar and eminently sensible proposition of law that, when parties set... Read more »
Questions of Fact Preclude Decision on Whether Tenant Held-Over By Leaving Office Furniture and Equipment in Premisis
On April 2, 2019, Justice Masley of the New York County Commercial Division issued a decision in Roza 14W LLC v. Fordham Fin. Mgt., Inc., 2019 NY Slip Op. 30950(U), holding that questions of fact precluded a decision on whether a tenant leaving office furniture and equipment in a premises constituted a hold-over tenancy, explaining: Fordham... Read more »
No Yellowstone Injunction Where Tenant Cannot Cure Breach of Lease
On March 5, 2019, the First Department issued a decision in Bliss World LLC v. 10 W. 57th St. Realty LLC, 2019 NY Slip Op. 01509, holding that a tenant was not entitled to a Yellowstone injunction when it could not cure the lease breaches, explaining: The purpose of a Yellowstone injunction, which tolls the... Read more »
Lease’s Rent Credit Provision Unenforceable Penalty
On February 28, 2019, the First Department issued a decision in Free People of PA LLC v. Delshah 60 Ninth, LLC, 2019 NY Slip Op. 01505, holding that a lease’s rent credit was an unenforceable penalty, explaining: The trial court correctly determined, giving due consideration to the nature of the contract and the circumstances, that the... Read more »
Notice of Lease Renewal Ineffective Because Not Timely Sent
On February 12, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in Foscarini Inc. v. Greenestreet Leasehold Partnership, 2019 NY Slip Op. 30307(U), holding that a notice to renew a lease was ineffective because it was sent too late, explaining: The basis for virtually all relief sought by Greenestreet on this... Read more »