Latest from A Lawyer's Blog - Page 2

Caveat emptor when you build a new home on your existing land.  BREAD OVER BREAD CORP. v. TARDIEU, 2020 NY Slip Op 51537 – NY: Supreme Court December 22, 2020: “……plaintiff contends, among other things, that the provisions of the General Business Law and the Suffolk County Code upon which defendant relies — GBL Article 36-A (“Home Improvement Contracts”) and Suffolk County Code Chapter 563 (“Licensed Occupations”) — are inapplicable because the claimed contract involved…
Signed into law on December 23, 2020, paragraph (c) of section 1305 of the Real Property and Procedures Law is amended by expanding the definition of tenants entitled to notice of rights from those who were lawful tenants at the time the foreclosure was commenced to those who are lawful tenants during the pendency of the foreclosure action; and because it provides “for an effective date on the first of January following the date on which the…
TRUSTEES OF COLUMBIA UNIV. IN CITY OF NY v. D’AGOSTINO SUPERMARKETS, INC., 2020 NY Slip Op 6937 – NY: Court of Appeals November 24, 2020: “DiFIORE, Chief Judge (dissenting). After D’Agostino Supermarkets, Inc., the lessee of property owned by Columbia University, breached the lease by failing to pay rent for more than seven months, the parties settled their dispute by entering into a Surrender Agreement which contained certain conditions. If D’Agostino made timely installment payments…
TRUSTEES OF COLUMBIA UNIV. IN CITY OF NY v. D’AGOSTINO SUPERMARKETS, INC., 2020 NY Slip Op 6937 – NY: Court of Appeals November 24, 2020: “….. In accordance with the parties’ commercial tenancy, in the event of a breach, plaintiff had two options: (1) allow defendant to maintain possession of the property for the full lease term and hold defendant liable for past and future rent, or (2) reenter the premises and collect all rent…
1140 BROADWAY LLC v. BOLD FOOD, LLC, 2020 NY Slip Op 34017 – NY: Supreme Court December 4, 2020: “…..As an initial matter, the Court grants plaintiff’s motion as to liability and rejects defendants’ reliance on the doctrines of impossibility and frustration of purpose. The Court empathizes with the many business that have been adversely affected by the ongoing pandemic; here, both the landlord and the tenant have undoubtedly faced significant hardship. The doctrine of…
The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (S.9114/A.11181) Part A provisions for landlord/tenants: Section 1. Definitions. For the purposes of this act: 1. "Eviction proceeding" means a summary proceeding to recover possession of real property under article seven of the real property actions and proceedings law relating to a residential dwelling unit or any other judicial or administrative proceeding to recover possession of real property relating to a residential dwelling unit. 2.…
The COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (S.9114/A.11181) was signed into law yesterday. From the Governor’s press release: Residential Evictions The Act places a moratorium on residential evictions until May 1, 2021 for tenants who have endured COVID-related hardship. Tenants must submit a hardship declaration, or a document explaining the source of the hardship, to prevent evictions. Landlords can evict tenants that are creating safety or health hazards for other tenants, and…