On March 12, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in VGM, LLC v. ISY Realty, LLC, 2021 NY Slip Op. 30749(U), holding that a dispute over the amount owed is not a defense to a foreclosure action, explaining: Turning first to the consideration of VGM’s motion for summary judgment... Read more »
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Posts Categorized: Real Property
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 »
COVID Eviction Ban Does Not Bar Action for Money Judgment Against Corporate Tenant
On January 13, 2021, Justice Grays of the Queens County Commercial Division issued a decision in Able Motor Cars Corp. v. Three Bros. Chinese Cuisine Inc., 2021 NY Slip Op. 30716(U), holding that city and state COVID eviction bans did not bar an action for a money judgment against a corporate tenant, explaining: Local Law... Read more »
Plaintiff Not Granted Summary Judgment on Commercial Foreclosure Because of Lack of Admissible Evidence of Default
On February 26, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in BK 38th Lender LLC v. 1351 Dekalb Condo Dev. LLC., 2021 NY Slip Op. 30639(U), denying a plaintiff summary judgment on a commercial lease foreclosure because of a lack of admissible evidence of a default, explaining: Generally, to establish... Read more »
Covid Eviction Ban Did Not Require Dismissal of Commercial Foreclosure Actions
On March 4, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. Bank N.A. v. Middle Dam St. Inc., 2021 NY Slip Op. 30686(U), holding that the Covid eviction ban did not require the dismissal of a commercial foreclosure action, explaining: Executive Order 202.2, issued on March 20, 2020, provides,... Read more »
Landlord Entitled Only to Reasonable Value of the Premises During Holdover Tenancy
On March 10, 2021, the Second Department issued a decision in Riesenburger Props., LLLP v. Pi Assoc., LLC, 2021 NY Slip Op. 01435, holding that a landlord was only entitled to the reasonable value of a premises during a holdover, explaining: However, as the plaintiff correctly concedes, it was not entitled to recover excess rent... Read more »
Party’s Claims, Which Were Inconsistent With Claims it Successfully Advanced in Different Action, Barred by Judicial Estoppel
On March 4, 2021, the First Department issued a decision in Great Ajax Operating Partnership L.P. v. PCG REO Holdings, LLC, 2021 NY Slip Op. 01324, holding that a party’s claims, which were inconsistent with claims it successfully advanced in a different action, were barred by the doctrine of judicial estoppel, explaining: Plaintiff’s claims arising... Read more »
Even Though Tenant Was in Default on Commercial Lease, It Did Not Lose Option to Renew, Which was Revived When the Tenant Cured the Default
On March 3, 2021, the Second Department issued a decision in Karr Graphics Corp. v. Spar Knitwear Corp., 2021 NY Slip Op. 01250, holding that even though a tenant was in default on its commercial lease, it did not lose the option to renew the lease, which was revived when the tenant cured the default,... Read more »
Pandemic Not Basis for Refusal to Pay Rent Under Commercial Lease
On January 27, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Valentino U.S.A., Inc. v. 693 Fifth Owner LLC, 2021 NY Slip Op. 50119(U), holding that the COVID pandemic was not a basis for a refusal to pay rent under a commercial lease, explaining: Valentino U.S.A., Inc.’s (Valentino) complaint... Read more »
Pandemic-Related Foreclosure Stay Did Not Apply to Commercial Foreclosure
On February 9, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Bridgecity Capltal QOB LLC v. 1717 E. 8 St LLC, 2021 NY Slip Op. 30406(U), holding that the pandemic-related foreclosure stay did not apply to a commercial foreclosure, explaining: Executive Order 202.28 provides that: There shall be no initiation... Read more »