145 W. 21st Realty LLC v. First West 21st Street LLC, New York County Index No. 653241/2012
New York County Supreme Court Justice Kelly O’Neil Levy has issued a decision adding to the understanding of the party wall rules. In
New York City Real Estate Litigator
Practical Solutions In Court and Out
The New York City Real Estate Litigator blog, published by Howard Koh of Meister Seelig & Fein LLP, focuses on legal issues related to real estate litigation in New York City. Topics include party wall disputes, mortgage foreclosure procedures, brokerage commission entitlement, post-judgment interest rates in foreclosure cases, and limitations on the part performance exception to the Statute of Frauds. The blog analyzes court decisions and legal standards affecting property owners, developers, lenders, brokers, and litigants involved in real estate transactions and disputes within New York jurisdiction.
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Certificate of Conformity not required for mortgage foreclosure affidavit signed out-of-state
By Howard Koh
US Bank National Association v. Zeidman, Westchester County, Supreme Court Index No. 52204/2012
Foreclosing lenders often have back-office operations out-of-state. In US Bank v. Zeidman, the foreclosing lender’s back-office operations were performed by a loan servicing company located in California. …
First Department clarifies standard for entitlement to brokerage commission
By Howard Koh
SPRE Realty, Ltd. v. Dienst, First Department 651671/2013
The Appellate Division, First Department has clarified the test for whether a broker is entitled to a commission in the absence of a written agreement. In SPRE Realty, the plaintiff-broker showed the defendants a…
Eastern District awards post judgment interest at default, not statutory, rate
By Howard Koh
Eastern Savings Bank, FSB v. McLaughlin United States District Court, Eastern District of New York 13 CV 1108
Federal Magistrate Judge Lois Bloom of the Eastern District of New York has held that New York law permits interest to accrue…
First Department limits part performance exception to Statute of Frauds
By Howard Koh
Gural v. Drasner, Appellate Division, First Department Index No. 103283/2008
The Appellate Division, First Department has limited the applicability of the part performance exception to the Statute of Frauds.
As many real estate lawyers know, the Statute of Frauds, which…
Statutory foreclosure notice is a prerequisite to an action on a note
By Howard Koh
Cadelrock Joint Venture, L.P. v Callender, Supreme Court, Kings County, Index No. 3354/2011
Justice Carolyn Demarest has held that a note holder suing on a note secured by real property must serve the notice required by Real Property Actions and…
Broker’s claim for commission survives motion to dismiss
By Howard Koh
Azad Property Group, LLC v. Willspring LLC, Supreme Court, New York County, Index No. 656626/2013
Commercial Division Justice Marcy Freidman has allowed a broker’s claim for breach of an implied-in-fact contract to pay a commission to survive a motion to…
Condominium’s consolidated mortgage trumps board’s statutory lien
By Howard Koh
AMT CADC Venture v. 455 CPW, Supreme Court, New York County Index No. 810109/2011
In this mortgage foreclosure action, the court addressed the issue of what constitutes a “first mortgage” for purposes of Real Property Actions and Proceedings Law 339-z.…
Co-op successfully terminates proprietary lease for “objectionable conduct”
By Howard Koh
1855 7 Ave. Housing Dev. Fund v. Wigfall, New York County Landlord-Tenant Court, Index No. 81069/2010
In this residential landlord-tenant case, a co-op board was successfully able to terminate a tenant-shareholder’s proprietary lease based upon objectionable conduct in violation of…
Co-op Board not entitled to protection of Business Judgment Rule
By Howard Koh
Kaplan v. Park South Tenant Corp., New York County Supreme Court, Index No. 157669/2013
While the business judgment rule often protects a decision by a co-op board from legal challenge, there are times when it does not. As a recent…