In a set of foreclosure cases decided in late February, the Court of Appeals resolved some of the questions that have plagued New York's court system in the aftermath of last decade's mortgage crisis.
April 01, 2021Stewart E. Sterk
Adaption was a critical skill for many commercial real estate firms throughout the pandemic. Companies had to hustle to get the supplies to protect their employees and residents. They're not only thinking about what can protect their occupants from COVID, but what high-tech investments can make their buildings healthier in the future.
April 01, 2021Les ShaverClaim That Bank Lacked Standing to Foreclose Waived By Failing to Raise Standing In Answers or Pre-Answer Motions Seller Denied Summary Judgment on Purchaser's Fraudulent Inducement Claim Fraudulent Transfer Claim Reinstated Questions of Fact Preclude Summary Judgment on Counterclaim for Improper Diversion of Water Supreme Court Improperly Denied Specific Performance to Purchasers Delay In Vacating a Default Justifies Application of Laches Doctrine to Prior Mortgagee Mortgagor Who Failed to Appear Not Entitled to Vacate Foreclosure Sale Judgment Lien Enforced Despite Error In Docketed Amount
April 01, 2021ssalkinWhile residential cases will grab the headlines, commercial property owners, managers and their attorneys should know that financially troubled tenants will be making news of their own. Armed with the hope of keeping their business afloat, they will unveil, or expand on, defenses to mitigate the pandemic's financial impact and to save their leases.
April 01, 2021James D. SilverTenant Entitled to Terminate Lease When Premises Were Not Broom Clean Provision Ending Discounted Rate If Tenant Pays Late Is Unenforceable
April 01, 2021ssalkinLaw firms are waiting to see how new trends like working remotely play out for office space post-pandemic, but that wait-and-see approach has created a tenant's market with opportunities for proactive firms in the short term.
April 01, 2021Meredith HobbsOwner Entitled to Cancellation of Notice of Pendency Upon Posting of Bond Mortgage Enjoys Priority Over Homeowners Association Lien for Common Charges Bona Fide Purchasers Protected When They Had No Notice of Alleged Fraud Failure to Inspect Premises Precludes Purchasers' Claim for Fraud Broker Conflicts of Interest Did Not Constitute Breach of Contract or Breach of Fiduciary Duty
March 01, 2021NYRE StaffSponsor Liable for Fraudulent Conveyance to Related Entities President of Unincorporated Condominium Association Not Entitled to Indemnification Legal Malpractice Claim Dismissed Use of Commercial Unit Did Not Violate Zoning Regulations or Condominium Bylaws
March 01, 2021NYRE StaffVillage Lacked Power to Obligate Village Board to Enact Zoning Amendments Landowner Entitled to Certificate Confirming Pre-Existing Nonconforming Use Neighbor's Challenge to Approval of A Building Permit Dismissed As Untimely
March 01, 2021NYRE Staff
