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Posts Categorized: Real Property

Posted: May 10, 2015

Notice of Pendency Vacated When Not Support by Allegations of Original Complaint

On April 28, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in Poguntke v. Corrier, 2015 NY Slip Op. 30692(U), vacating a notice of pendency. In Poguntke, the parties disputes included a dispute over the ownership of a company whose assets included a brownstone in Manhattan. The defendant moved to... Read more »

Posted: March 17, 2015

Buyer’s Fraudulent Inducement Claim Survives Motion To Dismiss Despite Contract Provision Disclaiming Reliance On Seller’s Representations

On March 3, 2015, the First Department issued a decision in TIAA Global Investments, LLC v. One Astoria Square LLC, 2015 NY Slip Op. 01768, applying the “special facts doctrine” to deny a motion to dismiss a fraudulent inducement claim despite a provision in the parties’ real estate contract disclaiming reliance on representations by the... Read more »

Posted: December 30, 2014

Mechanics Lien That Incorrectly Listed Corporation As Property Owner Instead of Corporation’s Sole Shareholder Could Be Amended To Reflect The True Owner

On December 16, 2014, the Court of Appeals issued a decision in Rigano v. Vibar Construction, Inc., 2014 NY Slip Op. 08762, ruling that a mechanic’s lien that erroneously listed the sole shareholder of the property owner was not jurisdictionally deficient and could be amended nunc pro tunc to reflect the true owner. In Rigano,... Read more »

Posted: November 14, 2014

Court Interprets Real Property Law Section 223

On October 28, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in W.D.G.R. Properties, LLC v. Reich, 2014 NY Slip Op. 32799(U), interpreting Real Property Law S 223. In W.D.G.R. Properties, the plaintiff sued for money due under a commercial lease. The court rejected the argument that the action should be... Read more »

Posted: September 23, 2014

Reverter Provision Unenforceable if not Recorded within 30 Years; Action for Injunctive Relief or Money Damages can Proceed Regardless

On August 21, 2014, Justice Grays of the Queens County Commercial Division issued a decision in The Roman Catholic Diocese of Brooklyn, N.Y. v. Christ the King Regional High School, 2014 NY Slip Op. 32389(U), granting a motion to dismiss in part. In 1976, the plaintiff Diocese of Brooklyn conveyed real estate to the defendant... Read more »

Posted: June 14, 2014

Personal Guaranty Unenforceable Because Loan was Usurious

On June 3, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sasidharan v. Piverger, 2014 NY Slip Op. 50890(U), refusing to enforce a personal guaranty because the loan it guaranteed was usurious. In Sasidharan, the plaintiffs sued a guarantor for payment on a guaranty. The trial court granted the guarantor’s motion... Read more »