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Posts Categorized: Real Property

Posted: December 22, 2018

Court Refuses to Consider Parol Evidence in Interpreting Document Granting Easement

On December 4, 2018, Justice Bransten of the New York County Commercial Division issued a decision in 101 H 216 Lafayette, LLC v. J&G Family L.P., 2018 NY Slip Op. 33107(U), refusing to consider parol evidence in interpreting a document granting an easement, explaining: Express easements are defined by the intent, or object, of the parties.... Read more »

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 »