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Posts Categorized: Real Property

Posted: January 13, 2016

Suit on Note Stayed in Favor of Prior Pending Foreclosure Action in Another State

On January 6, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Wells Fargo Bank, N.A. v. Pena, 2016 NY Slip Op. 26003, staying an action to collect on a note pending the determination of a mortgage foreclosure action in another state, explaining: RPAPL 1301(3) prohibits a party from commencing an... Read more »

Posted: December 10, 2015

Lender Has Standing to Foreclose When it Possesses Note

On November 24, 2015, the Second Circuit issued a decision in Eastern Savings Bank, FSB v. Thompson, 14-4520-CV, reversing the EDNY’s grant of summary judgment to a defendant in a foreclosure action on the ground that the plaintiff lacked standing to bring a foreclosure action because of defects in the chain of assignments of title.... Read more »

Posted: September 29, 2015

Service That Identified Rent Overcharges Not Providing Real Estate Brokerage Services

On September 29, 2015, the First Department issued a decision in Commercial Tenant Services, Inc. v. Northern Leasing Systems, Inc., 2015 NY Slip Op. 06984, holding that a contract relating to “negotiating escalation adjustments or settling disagreements with a landlord about overcharges” was not void for “violat[ing] Real Property Law ยงยง 440(1) and 440-a,” explaining:... Read more »

Posted: July 24, 2015

Jury’s Brokerage Fee Award Vacated Due to Lack of Evidence Proposed Buyer Was Able to Purchase

On July 8, 2015, the Second Department issued a decision in Island Associates Real Estate, Inc. v. Doukas, 2015 NY Slip Op. 05913, reversing a jury verdict awarding a broker’s commission. In Island Associates Real Estate, the trial court refused to set aside a jury verdict awarding the plaintiff a broker’s commission. The Second Department... Read more »

Posted: July 16, 2015

Lead Poisoning Verdict

After a two-week trial before Judge Weinstein, on July 10, 2015, an Eastern District jury awarded $2 million to the plaintiffs in G.M.M. v. Kimpson, 13 CV 5059 (EDNY, July 10, 2015), a residential lead poisoning case. Plaintiffs were a mother and her minor child who rented a basement apartment in a pre-1960 building in... Read more »