LOVE THY NEIGHBOR: REVISITED
- Jul 24 2020
In our prior Blog “’Love Thy Neighbor’ Is Not Always the Case,” which should be reviewed in conjunction with the instant Blog, section 881 of New York’s Real Property Actions …
Category: Real Estate Litigation
Purchasers Should Take Mortgage Contingency Clauses Literally
- Jul 17 2020
This Blog has previously addressed issues concerning mortgage contingency clauses. [HERE] Briefly stated, mortgage contingency clauses in contracts for the sale of real property make the sale contingent on the …
The Appellate Division, Second Department, Addresses Economic Duress and the Voluntary Payment Doctrine
- Jul 10 2020
This Blog has previously addressed “economic duress” and the “voluntary payment doctrine.” [HERE], [HERE] and [HERE] “Economic duress” is a theory upon which a “complaining party [seeks] to void a …
UPDATE ON TEMPORARY NEW YORK STATE RESIDENTIAL AND COMMERCIAL FORECLOSURE PROTOCOLS
- Jun 26 2020
Recognizing the “continuing restrictions on the filing and prosecution of foreclosure matters in New York State arising during the course of the COVID-19 public health emergency,” on June 23, 2020, …
FORECLOSING MORTGAGEES SHOULD BE CAREFUL TO DEMONSTRATE COMPLIANCE WITH RPAPL 1303 WHEN MOVING FOR SUMMARY JUDGMENT
- Jun 19 2020
As noted on numerous occasions in this BLOG, the New York State Legislature has responded to the residential foreclosure crisis by promulgating a series of rules designed to protect residential …
PERSONAL GUARANTEES ARE CONTRACTS TO BE INTERPRETED PURSUANT TO THEIR PLAIN MEANING
- Jun 1 2020
It is an accepted principal of contract interpretation that “when parties set down their agreement in a clear, complete document, their writing should be enforced according to its terms.” Vermont …
SECOND DEPARTMENT SIDES WITH COMMERCIAL LANDLORD AFTER IMPROPER ASSIGNMENT OF LEASE
- May 15 2020
In VRA Family Limited Partnership v. Salon Management USA, LLC, decided on May 6, 2020, the Appellate Division, Second Department, affirmed the motion court’s grant of summary judgment in favor …
FOURTH DEPARTMENT HOLDS THAT PRELIMINARY INJUNCTIVE RELIEF IS NOT AVAILABLE FOR BREACH OF A CONTRACT WITH A LIQUIDATED DAMAGES CLAUSE BECAUSE CONTRACTUAL MONETARY DAMAGES UNDERMINES THE “IRREPARABLE HARM” ELEMENT
- May 6 2020
Article 63 of New York’s Civil Practice Law and Rules (“CPLR”) governs, inter alia, the provisional remedy of the preliminary injunction. Thus, CPLR 6301 provides, in relevant part: Grounds for …
REVIVE A TIME-BARRED CLAIM USING § 17-101 OF NEW YORK’S GENERAL OBLIGATIONS LAW
- Feb 28 2020
In general, statutes of limitation govern the time in which a cause of action must be interposed after accrual. [This BLOG has previously addressed Statute of Limitations issues [HERE] and …
MIND THE GAP – RENEWAL JUDGMENTS UNDER CPLR § 5014
- Feb 14 2020
In New York State, money judgments are valid for 20 years. CPLR § 211(b). Money judgments recorded in the county in which real property is located remain liens on that …
