The Essence of a “Time of the Essence” Letter
- Sep 28 2018
The date on which parties to a real estate contract must close is frequently subject to litigation. Sometimes real estate contracts provide for a closing date that is “time of …
The date on which parties to a real estate contract must close is frequently subject to litigation. Sometimes real estate contracts provide for a closing date that is “time of …
There are numerous situations in which the value of real estate becomes an issue in litigation – condemnation proceedings, tax certiorari proceedings and calculating deficiency judgments in foreclosure proceedings – …
On several occasions, this Blog has treated issues related to problems faced by mortgagees foreclosing on certain residential loans. “Appellate Division Second Department Tells Foreclosing Residential Lender to ‘SHOW ME …
On January 31, 2018, the Second Department decided 159 MP Corp. v. Redbridge Bedford, LLC. The Court in 159 MP, recognized that the “appeal raises an issue of first impression …
In P. Zaccaro, Co., Inc., et al. v. DHA Capital, LLC, et al. (1st Dep’t January 25, 2018), the First Department affirmed the dismissal of plaintiffs’ action seeking a significant …
In two recent blog posts entitled: “Appellate Division, Second Department Tells Foreclosing Residential Lender to ‘SHOW ME THE EVIDENCE’” and “The Second Department Denies Summary Judgment to Another Foreclosing Mortgagee …
A recent blog post entitled: “Appellate Division, Second Department Tells Foreclosing Residential Lender to ‘SHOW ME THE EVIDENCE,’” cautioned foreclosing mortgagees that evidence in admissible form must be submitted to …
Real property owners or lessees (“Owners”) often find that their real property is in need of improvement and/or repair (the “Work”). Sometimes the Work requires access to the property of …
Yellowstone injunctions got their name from First National Stores, Inc. v. Yellowstone Shopping Center, Inc., 21 N.Y.2d 630, 290 N.Y.S.2d 721 (1968). A commercial tenant that is faced with the …
Mortgages on real property are typically delivered to a lender to secure loans evidenced by promissory notes. When a default occurs under the note and/or mortgage litigation frequently follows. If …