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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Real Estate Law
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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.