Frankel v. 59 Sands Point, LLC
Second Department affirms foreclosure judgment and dismisses appeal from intermediate order that merged into the final judgment of foreclosure and sale.
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Real Estate Law
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Deutsche Bank National Trust Co. v. Rivera
Second Department affirms dismissal of foreclosure action as time-barred under FAPA, holding voluntary discontinuance of prior action without express revocation of acceleration did not reset statute of limitations.
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Deutsche Bank National Trust Co. v. Iadevaia
Second Department affirms foreclosure proceeding after borrower breached repayment plan, holding the plan was a forbearance agreement not a settlement, but directing credit for payments made.
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Clendeninn v. Young
Second Department reverses $32,000 judgment for Fire Island tenant in COVID-19 lease dispute, holding unjust enrichment claim barred by valid lease and frustration of purpose issues remain triable.
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75 Cohoes Realty Associates, LLC v. Machnick Builders, Ltd.
Second Department affirms dismissal of breach of warranty action, holding non-transferable construction warranties cannot be enforced by subsequent property owners.