MORTGAGE CONTINGENCY CLAUSES
- Oct 21 2019
Purchasing real estate, a new home for example, is an expensive proposition. It is rare that a new home buyer has enough cash on hand to make the purchase. Therefore, …
Posts Tagged ‘ Real Estate Law ’
Second Department Finds Laches Defense Applicable in Building Permit Dispute between Neighbors
- Jun 7 2019
In Henry VI, William Shakespeare wrote, “[d]efer no time, delays have dangerous ends” – a quote apropos to a discussion of laches. “The doctrine of laches is an equitable doctrine …
The Appellate Division, First Department, Reiterates That A Commercial Tenant Cannot Obtain A Yellowstone Injunction When Faced With Notice Of An Incurable Default
- Mar 6 2019
Around two centuries ago, German writer and statesman, Johann Wolfgang von Goethe, wrote that “precaution is better than cure.” While von Goethe’s quote is applicable to a variety of situations, …
The Appellate Division, Second Department Holds That A Foreclosing Mortgagee Waived Its Right To Argue That Mortgagor Waived Its Standing Defense
- Feb 11 2019
Like the iconic scene when a cruise ship is leaving the dock, the New York Supreme Court, Appellate Division, Second Department, in BAC Home Loans Servicing, LP v. Alvarado (January …
Beware Of Title Insurers Bearing Gifts
- Jan 18 2019
On January 15, 2019, the New York State Supreme Court, Appellate Division, First Department rendered a decision in In re: New York State Land Title Association, Inc. v. New York …
Appellate Division, Second Department, Enforces Waiver Of Declaratory Relief In Commercial Lease Resulting In The Denial Of Tenent’s Yellowstone Injunction
- Feb 9 2018
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 …
Option Agreements In Real Estate Leases Require Careful Drafting
- Nov 17 2017
Many leases provide for a tenant’s option to purchase the subject real property. The recent case of Blackburn Food Corp., et. al. v. Ardi, Inc., et. al., (Sup. Ct. Suffolk …
