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.
Appellate Division reverses denial of summary judgment, holding that condominium indemnification provisions do not unequivocally cover intraparty disputes between board and board member.
Appellate Division reverses summary judgment in foreclosure action, finding plaintiff failed to demonstrate strict compliance with RPAPL 1304 ninety-day notice requirement.
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.
Appellate Division affirms denial of CPLR 3211(a)(10) motion to dismiss foreclosure for failure to join necessary parties, finding the motion untimely after entry of judgment of foreclosure and sale.
Second Department affirms mortgage foreclosure judgment, finding plaintiff established standing, default, and RPAPL 1304/1306 compliance, with defendant’s admissions supporting the case.
Second Department affirms dismissal of fraud claims by purchaser who discovered property was not connected to public sewer system post-closing, finding insufficient pleading against all defendants.
Second Department affirms dismissal of tenant’s claims against former property owner for retaliation, invasion of privacy, and property damage, finding insufficient pleading and statute of limitations bar.
Second Department reverses summary judgment for property owner in mechanic’s lien foreclosure, finding triable issues about amounts owed in multi-tier construction contract chain.
Second Department affirms denial of preliminary and Yellowstone injunctions for parking lot licensee, holding license agreement with MTA subsidiary did not create landlord-tenant relationship.