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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Real estate

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Court Stays Action, Rather Than Dismiss, Despite Simultaneous Similar Action Between Same Parties in NJ, Where Full Relief Might Not Be Afforded in NJ Action

Posted in Banking, Demarest, Carolyn E., Guaranty, Kings, Motion to Dismiss, Personal Jurisdiction, Real estate

In a January 6, 2016 Commercial Division decision by Justice Demarest, the court granted the defendants’ motion to dismiss pursuant to CPLR 3211(a)(4) in part, staying the action until the conclusion of a separate action brought in New Jersey.

Buyer Comes Up Short in Breach of Contract Action, Where Short Sale Approval by Mortgagee Was Condition Precedent to Sale of Property

Posted in Attorneys' Fees, Banking, Breach of Contract, Demarest, Carolyn E., Kings, Motion to Dismiss, Real estate

In a December 3, 2015 Commercial Division decision by Justice Demarest, the court dismissed a complaint in its entirety that alleged a breach of a contract for the sale of real property, and cancelled the corresponding notice of pendency filed against the subject property by the plaintiffs. 

Real Estate Consultant Not a Procuring Cause of Joint-Venture’s Purchase of Assisted-Living Facility Sufficient to Entitle it to Commission or Finder’s Fee

Posted in 2d Dept, Breach of Contract, Real estate, Summary Judgment, Unjust Enrichment

In a decision dated December 2, 2015, the Appellate Division, Second Department affirmed an order from the Nassau County Commercial Division granting defendant-real estate developer’s motion for summary judgment dismissing plaintiff-real estate consultant’s breach-of-contract and quasi-contract action for recovery of a broker’s commission in connection with defendant’s purchase of certain assisted-living facilities.

Court Uses Equitable Authority to Issue Yellowstone Injunction

Posted in 7th District, Breach of Contract, Breach of Fiduciary Duty, Construction, Preliminary Injunction, Real estate, Rosenbaum, Matthew A.

In an August 13, 2015 Monroe County Supreme Court decision by Justice Rosenbaum, the court granted the plaintiffs’ request for a Yellowstone Injunction based upon alleged lease violations which resulted in the defendants serving the plaintiffs with multiple default notices.

Buyer Limited to Restricted Remedies Clause in Purchase & Sale Agreement; Specific Performance Not Meant to Provide Carte Blanche to Buyers to Evade Such Restrictions through Delay Tactics

Posted in Breach of Contract, Declaratory Judgment, New York, Real estate, Sherwood, O. Peter, Summary Judgment

In a May 26, 2015, New York County Commercial Division decision by Justice Sherwood, the court granted plaintiff-buyer’s motion for summary judgment dismissing defendant-seller’s counterclaim for specific performance of a real estate contract and denied defendant’s cross-motion for summary judgment on its counterclaim for return of its deposit.

Email Notifying Landlord of Address Change Sent by Tenant’s Related Entity Insufficient to Alter “Last Known Address” Requirement in Lease’s Notice Provision

Posted in Breach of Contract, Guaranty, Indemnification, Order to Show Cause, Preliminary Injunction, Queens, Real estate, Ritholtz, Martin E., Unjust Enrichment

In a June 1, 2015, Queens County Commercial Division decision by Justice Ritholtz, the court denied defendant-commercial tenant’s motion for a Yellowstone injunction as untimely.

Documentary Evidence Establishing Plaintiff-Shareholder Sold Interests in Plaintiff-Corporation Pre-Suit Bars Derivative Action

Posted in Demarest, Carolyn E., Kings, Motion to Dismiss, Preliminary Injunction, Real estate

In an April 29, 2015, Commercial Division decision by Justice Demarest, the court denied the plaintiff’s motion for a restraining order and preliminary injunction, vacated the previously ordered temporary restraining order, and granted the defendant’s motion to dismiss.

Use of Interactive Website Accessible in New York Not Considered Doing or Transacting Business in New York for Purposes of Personal Jurisdiction

Posted in Fraud, Motion to Dismiss, Personal Jurisdiction, Pines, Emily, Real estate, Suffolk

In a March 27, 2015, Suffolk County Commercial Division decision by Justice Pines, the court granted defendant non-domiciliary’s motion to dismiss plaintiff’s complaint for lack of personal jurisdiction. Plaintiff brought fraud and negligent misrepresentation claims against a Florida professional association in connection with the sale of real estate in New York. Defendant moved to dismiss… Continue Reading

Second Department Affirms Dismissal of Unjust Enrichment Counterclaim Due to Unclean Hands

Posted in 2d Dept, Breach of Contract, Real estate, Summary Judgment, Unjust Enrichment

In a decision dated July 23, 2014, the Appellate Division, Second Department affirmed an order from the Westchester County Commercial Division in this declaratory judgment action related to the legality and validity of a promissory note and related documents, granting the plaintiff-borrower’s motion for summary judgment dismissing the defendants-lenders’ counterclaim based on unjust enrichment.

Court Dismissed Mortgage Foreclosure Action Where Tenants of Residential Real Property Were Not Provided Notice

Posted in Demarest, Carolyn E., Kings, Motion to Dismiss, Real estate

In a February 5, 2015, Commercial Division decision by Justice Demarest, the court dismissed an action to foreclose a mortgage on real property because plaintiff failed to provide the notice pursuant to Real Property Actions and Proceedings Law (“RPAPL”) § 1303(1)(b). RPAPL § 1303 provides that “the foreclosing party in a mortgage foreclosure action, involving… Continue Reading

Court Grant’s Plaintiff’s Motion for Reargument Based on Erroneous Application of Incorporation by Reference Doctrine Resulting in Dismissal due to Statute of Limitations

Posted in CPLR 2221, Demarest, Carolyn E., Kings, Real estate

In a January 23, 2015, decision by Justice Demarest, the court granted the plaintiff’s (“Zucker”) motion, pursuant to CPLR 2221(d)(2), to reargue with respect to that part of the court’s prior decision which dismissed the plaintiff’s breach of contract and unjust enrichment claims.