On April 2, 2020, the Court of Appeals issued a decision in Matter of Regina Metro. Co., LLC v. New York State Div. of Hous. & Community Renewal, 2020 NY Slip Op. 02127, striking down part of the Housing Stability and Tenant Protection Act of 2019 on Due Process Clause grounds. Usually, at this point,... Read more »
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Posts Categorized: Real Property
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 »
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 »
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 »
Commercial Tenant Claiming Constructive Eviction Liable for Rent Because it Remained in Possession of the Leased Premises
On February 4, 2020, 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, 2020 NY Slip Op. 50195(U), holding that a commercial tenant claiming constructive eviction was liable for unpaid rent because it remained in possession of the leased... Read more »
Defendant Liable for Breach of Term Sheet’s Obligation to Negotiate Lease in Good Faith
On January 6, 2020, Justice Schecter of the New York County Commercial Division issued a decision in DOLP 1133 Props. II LLC v. Amazon Corporate, LLC, 2020 NY Slip Op. 30274(U), holding that a defendant was liable for breach of a term sheet’s obligation to negotiate a final agreement in good faith, explaining: This case... Read more »
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 »
New York Court Lacked Jurisdiction to Enjoin Sale of Real Estate in Another State
On December 17, 2019, the First Department issued a decision in Clark Tower, LLC v. Wells Fargo Bank, N.A., 2019 NY Slip Op. 08975, holding that a New York court lacked jurisdiction to enjoin the sale of real estate in another state, explaining: The courts of one State may not decide issues directly affecting title... Read more »
Statute of Frauds Bars Claim Based on Oral Guarantee of Rent Obligations
On October 16, 2019, Justice Borrok of the New York County Commercial Division issued a decision in 388 Broadway Owners, LLC v. Mary MeGee, on Television, Ltd., 2019 NY Slip Op. 33074(U), holding that the Statute of Frauds bars a claim based on an alleged oral guarantee of rent obligations, explaining: Pursuant to General Obligations... Read more »
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 »