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 »
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Posts Categorized: Real Property
Discharge in Bankruptcy Does Not Accelerate Mortgage Debt
On November 19, 2018, Justice Karalunas of the Onondaga County Commercial Division issued a decision in Wilmington Sav. Fund Socy., FSB v. Fernandez, 2018 NY Slip Op. 28385, holding that a discharge in bankruptcy does not accelerate a mortgage debt, explaining: While the unique facts of this matter appear to be a case of first... Read more »
Plaintiff Without Interest in Land Cannot File Lis Pendens
On November 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in New Journey Global Inc. v. Bohe Liu, 2018 NY Slip Op. 32921(U), holding that a plaintiff without an interest in land cannot file a lis pendens, explaining: CPLR 6501 provides that a notice of pendency may be filed in... Read more »
Plaintiff Without Interest in Land Cannot File Lis Pendens
On October 30, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in Matter of 55 Wainscott Hollow, LLC v. Planning Bd. of the Town of E. Hampton, 2018 NY Slip Op. 32873(U), holding that a plaintiff without an interest in property cannot file a lis pendens relating to that property, explaining:... Read more »
Contractor Working for Tenant Allowed to Place a Lien on Landlord’s Property
On November 20, 2018, the Court of Appeals issued a decision in Ferrara v. Peaches Cafe LLC, 2018 NY Slip Op. 07925, allowing a contractor working for a tenant to place a lien on the landlord’s property, explaining: COR urges that the Appellate Division erred because, as a matter of law, a contractor working for... Read more »
Plaintiff Should Have Been Granted Yellowstone Injunction
On November 20, 2018, the First Department issued a decision in 106 Spring St. Owner LLC v. Workspace, Inc., 2018 NY Slip Op. 07951, holding that a plaintiff should have been granted a Yellowstone Injunction, explaining: Plaintiff met all four of the required elements for a Yellowstone injunction, whose purpose is to toll the cure... Read more »
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 »
Time is of the Essence Letter Found Ineffective
On September 19, 2018, the Second Department issued a decision in Rodrigues NBA, LLC v. Allied XV, LLC, 2018 NY Slip Op. 06129, holding that a time is of the essence letter was ineffective, explaining: When, as here, a contract for the sale of real property does not make time of the essence, the law permits a... Read more »
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 »
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 »