Blogs

Posts Categorized: Real Property

Posted: June 13, 2021

Broker Not Entitled to Commission Because it was not the Procuring Cause of the Sale

On May 20, 2021, the First Department issued a decision Capin & Assoc., Inc. v. Herskovitz, 2021 NY Slip Op. 03249, holding that a broker was not entitled to a commission because it was not the procuring cause of a sale, explaining: Plaintiff and defendants LLCs never entered into any explicit written or oral brokerage... Read more »

Posted: June 4, 2021

Summary Judgment of Foreclosure Denied Because of Lack of Admissible Evidence of Payment Default

On May 7, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Majestic Crown NY LLC v. Archstone Acquisition Partners LLC, 2021 NY Slip Op. 31627(U), denying summary judgment on a foreclosure claim because of a lack of admissible evidence of a payment default, explaining: Generally, to establish prima facie entitlement... Read more »

Posted: May 27, 2021

Pandemic Does Not Excuse Commercial Tenant’s Obligations Under Lease

On May 19, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Hugo Boss Retail, Inc. v. A/R Retail, LLC, 2021 NY Slip Op. 50458(U), holding that the Covid-19 pandemic did not excuse a commercial tenant’s obligations under its lease, explaining: A number of New York courts assessing commercial lease... Read more »

Posted: April 27, 2021

Party Asserting Unclean Hands Defense Must Have Been Injured by the Plaintiff’s Misconduct

On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 02186, holding that a party asserting an unclean hands defense must have been injured by the plaintiff’s misconduct, explaining: The doctrine of unclean hands applies when the complaining party shows that the offending party is guilty of... Read more »

Posted: April 26, 2021

Fact Questions Preclude Dismissal of Claim Based on Oral Agreement to Purchase Real Estate on Statute of Frauds Grounds

On April 7, 2021, the Second Department issued a decision in Toobian v. Golzad, 2021 NY Slip Op. 02185, holding that fact questions precluded dismissal of claim based on an oral agreement to purchase real estate on statute of frauds grounds, explaining: The statute of frauds prohibits the conveyance of real property without a written... Read more »

Posted: March 27, 2021

New York’s Foreclosure Ban Did Not Bar Action for Foreclosure, Just Enforcement of the Judgment and Sale of Property

On March 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Natixis, N.Y. Branch v. 20 TSQ Lessee LLC, 2021 NY Slip Op. 50249(U), holding that the New York foreclosure ban did not bar an action for foreclosure, just the enforcement of the judgment of foreclosure and sale of... Read more »