Hubshman v. 1010 Tenants Corp.
First Department reinstates breach of proprietary lease claim where cooperative amended lease provisions eliminating penthouse shareholder’s exclusive roof garden rights without required consent.
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Real Estate Law
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City of New York v. Crest Housing Co., LLC
First Department affirms summary judgment for tenant, holding landlord cannot collect additional rent based on tax escalations for taxes reduced by ICAP abatement that landlord did not actually pay.
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U & Me Homes, LLC v. County of Suffolk
The Second Department reversed a judgment declaring a groundwater protection restrictive covenant void, finding the County had authority to impose the covenant and it properly ran with the land.
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Peconic Land Trust, Inc. v. 341 Town Lane, LLC
The Second Department modified a preliminary injunction enforcing a conservation easement in Amagansett, narrowing it to prohibit only vegetation removal that would violate the easement rather than all maintenance.
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OneWest Bank, FSB v. Johnson
The Second Department affirmed denial of a motion to restore a foreclosure action, holding that the Foreclosure Abuse Prevention Act deemed the original action discontinued when a second action was commenced without leave of court.
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Moreno v. Argent Mortgage Co., LLC
The Second Department affirmed denial of a motion to vacate default dismissal of a mortgage discharge action, finding counsel’s claim of law office failure was mere neglect insufficient to establish a reasonable excuse.
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Matter of Su Yan Chen v. Planning Bd. of Brookville
The Second Department affirmed a site plan approval, holding that the Planning Board’s role is limited to zoning compliance and does not extend to adjudicating private easement disputes between property owners.
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Matter of Gez v. Town of Greenburgh Zoning Board of Appeals
The Second Department affirmed denial of area variances for a single-family residence, finding the ZBA’s application of the five-factor balancing test was rational.
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Deutsche Bank National Trust Co. v. Julius
The Second Department affirmed denial of summary judgment in a mortgage foreclosure, finding Deutsche Bank failed to demonstrate standing as holder or assignee of the note at commencement.
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County of Nassau v. NY Youth Sports Network, Inc.
The Second Department reversed a preliminary injunction and vacated a sua sponte declaration that a lease had terminated, finding no motion for summary judgment was pending and no irreparable harm was shown.
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Collé v. Saunders
The Second Department affirmed dismissal of a breach of contract claim, holding that Real Property Law § 442-d bars an unlicensed party from recovering fees for services facilitating a property sale.
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Castro v. Castro
The Second Department reversed a default judgment quieting title, finding that ‘nail and mail’ service under CPLR 308(4) was improper where the plaintiff failed to exercise due diligence.
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BP3 Capital, LLC v. 5120 Realty Corp.
Appellate Division affirms judgment of foreclosure and sale, upholding summary judgment for lender and denial of borrower’s motion to amend answer with meritless defenses.
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BAC Home Loan Servicing, LP v. MacPherson
Appellate Division affirms leave to amend foreclosure complaint to add party that acquired interest in mortgaged property during pendency of action.
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Abdelrazek v. 12-15 Broadway Astoria, LLC
Appellate Division reverses to grant class certification in rent overcharge action, finding tenants satisfied CPLR 901 requirements for building-wide class of rent-stabilized occupants.
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582 Gates, LLC v. Throop and Gates, Inc.
Appellate Division affirms ejectment and nearly $600,000 in use and occupancy damages against gas station operator, plus distribution of foreclosure surplus funds.
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Wells Fargo Bank, N.A. v. Whyte
Appellate Division affirms denial of pro se defendant’s motion to challenge foreclosure counsel’s authority, finding loan servicer’s CPLR 2106 affirmation sufficient.
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Stillpoint Meadows PH-62, LLC v. 62 Cooper Square Condominium
Appellate Division affirms dismissal of breach of fiduciary duty claim against condominium board, finding governing documents authorized $32,000 paver replacement assessment.
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71st Street-Lexington Corporation v. Frankel
Appellate Division affirms termination of cooperative proprietary lease for shareholder’s failure to maintain required homeowner’s insurance, upholding attorneys’ fees award.
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Pettinato v. EQR-RiverTower, LLC
Appellate Division affirms denial of summary judgment, finding plaintiff’s fainting episode in shower was not a superseding cause that broke causal chain from defective shower door track.
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Eastern Effects, Inc. v. 3911 Lemmon Avenue Associates, LLC
Appellate Division affirms denial of leave to amend answer to add counterclaims barred by settlement agreement’s integration clause in lease dispute involving Gowanus Canal EPA remediation.
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Board of Managers of 432 Park Condominium v. 56th and Park (NY) Owner, LLC
Appellate Division reverses denial of summary judgment, holding that condominium indemnification provisions do not unequivocally cover intraparty disputes between board and board member.
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Wilmington Savings Fund Society v. Rodriguez
Appellate Division reverses summary judgment in foreclosure action, finding plaintiff failed to demonstrate strict compliance with RPAPL 1304 ninety-day notice requirement.
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US Bank Trust National Association v. Valencia
Appellate Division affirms denial of CPLR 317 motion to vacate default in foreclosure, finding defendant failed to show lack of actual notice and a meritorious defense.