Case Digests

Bank of America, National Association v. Brannon

Publication Date: 2017-11-07
Practice Area: Banking and Finance Laws | Real Estate
Industry: Real Estate
Court: Appellate Division, First Department
Judge: Justice Richard Andrias
Attorneys: For plaintiff: Fein, Such & Crane, LLP, Syracuse (John A. Cirando, D.J. Cirando, Bradley E. Keem and Elizabeth deV. Moeller of counsel), for appellant.
for defendant: Respondent pro se.
Case Number: 380976/07

Reversal Leads to Judgment in Foreclosure;Affidavit Failures Did Not Affect Cas

Princes Point LLC, &c., Appellant, v. Muss Development L.L.C., et al., Respondents, et al., Defendant., No. 92

Publication Date: 2017-10-19
Practice Area: Contractual Disputes | Real Estate
Industry: Real Estate
Court: New York State, Court of Appeals
Judge: Chief Judge DiFiore and Judges Rivera, Stein, Garcia and Wilson concur. Judge Feinman took no part.
Attorneys: For plaintiff: John S. Ciulla, for appellant.
for defendant: Scott E. Mollen, for respondents.
Case Number: No. 92

GKK 2 Herald v. Tax Appeals Tribunal, 82/16

Publication Date: 2017-10-12
Practice Area: Real Estate | Tax
Industry: Real Estate
Court: Appellate Division, First Department
Judge: Before: Friedman, J.P., Moskowitz, Gische, Kahn, JJ.
Attorneys: For plaintiff: For petitioner: Richard L. Claman of counsel, Stempel Bennett Claman & Hochberg, P.C., New York.
for defendant: For respondents: Amy H. Bassett of counsel, Zachary W. Carter, Corporation Counsel, New York.
Case Number: 82/16

Firm Must Pay NYC Transfer Tax in Real Estate Deal, Court

41 Great Jones Holdings, LLC v. Board of Managers of 40 Bond Condominium, 157032/2014

Publication Date: 2017-09-20
Practice Area: Real Estate
Industry: Real Estate
Court: Supreme Court, New York County, IAS Part 42
Judge: Justice Nancy Bannon
Attorneys: For plaintiff:
for defendant:
Case Number: 157032/2014

Excavation Not Permitted by Easement That Materially Increased Burden on Servie

In the Matter of the Application of the City of N.Y.

Publication Date: 2017-09-18
Practice Area: Real Estate
Industry: Real Estate
Court: Supreme Court, Kings County, Civil Term: Part 89
Judge: Justice Saitta
Attorneys: For plaintiff:
for defendant:
Case Number: [Index Number Redacted by Court]

Downward Adjustment for Market Downturn Unnecessary Where Development Con

Edrich v. Festinger, 12-CV-4069

Publication Date: 2017-09-06
Practice Area: Real Estate
Industry: Real Estate
Court: U.S. District Court, Eastern District
Judge: District Judge Margo Brodie
Attorneys: For plaintiff:
for defendant:
Case Number: 12-CV-4069

Plaintiff Entitled to Renew Judgment; He Was Assignee and Ten Years Had E

The City of N.Y. v. NYC Midtown LLC, 450151/2015

Publication Date: 2017-08-31
Practice Area: Real Estate
Industry: Real Estate
Court: Supreme Court, New York County
Judge: Justice James E. d'Auguste
Attorneys: For plaintiff: Attorneys for Plaintiff: Martin I. Nagel, Esq., Hsiao-Hsiang Wan, Esq., Aron Zimmerman, Esq., Brian Krist, Esq., Special Assistant Corporation Counsel, New York City Mayor's Office of Special Enforcement.
for defendant: Attorneys for Defendants: Anthony J. Genovesi, Esq., Joshua Stricoff, Esq., Abrams, Fensterman, Fensterman, Eisman, Formato, Ferrata & Wolf, LLP. Attorneys for Defendants Salim Assa, 15 West 55th St. Property LLC, The Land and Building Known as 15 West 55th St., Block 1271, Lot 27, County, City and State of New York, 19 West 55th St. Property LLC, The Land and Building Known as 19 West 55th St., Block 1271, Lot 25, County, City and State of New York, and West 46th Street Investors LLC, The Land and Building Known as 334 West 46th St., Block 1036, Lot 47, County, City and State of New York, The Land and Building Known as 336 West 46th St., Block 1036, Lot 48, County, City and State of New York: M. Teresa Daley, Esq., Daley Law, P.C. Attorneys for Defendants NYC Midtown LLC, d/b/a "5th Avenue Suites" and "West 46th Street Apartments," NYC City Stay LLC, Eran Suki, and Benzion Suky.
Case Number: 450151/2015

Civil Contempt Granted Where Property Owners Failed to Stop Illegal Transie

LNYC Loft, LLC, etc., Plaintiff-Appellant v. Hudson Opportunity Fund I, LLC, et al., Defendants Jani Development II, LLC, et al., Defendants-Respondents, 650969/11

Publication Date: 2017-08-24
Practice Area: Corporate Entities | Corporate Governance | Real Estate
Industry: Real Estate
Court: Appellate Division, First Department
Judge: Before: Acosta, P.J., Renwick, Manzanet-Daniels, Mazzarelli, Andrias, JJ.
Attorneys: For plaintiff: For appellant: Steven M. Kaplan of counsel, Rosenfeld & Kaplan, LLP, New York.
for defendant: For respondents: Steven J. Shore, Ira B. Matetsky and Justin R. Bonanno of counsel, Ganfer & Shore, LLP, New York
Case Number: 650969/11

NY Court Defines When LLCs Can Use Special Litigation Comm

Matter of Tedeschi v. Lake George Park Commission, 62478

Publication Date: 2017-08-22
Practice Area: Real Estate
Industry: Real Estate
Court: Supreme Court, Warren County
Judge: Justice Robert J. Muller
Attorneys: For plaintiff: For petitioner: Ronnie Sills Lindberg of counsel, Mazzotta, Sherwood & Vagianelis, P.C., Albany.
for defendant: For respondents Michael C. Hopper and Doris Hopper: James E. Cullum of counsel, McPhillips, Fitzgerald & Cullum, L.L.P., Glens Falls.
Case Number: 62478

Property Owner Fails to Show Violation Of Restrictive Covenant; Dismissal G

Henry Marler and Marler Family Properties, LLC, Plaintiffs v. A & S Lake Shore Leasing, Inc. and Fred Alexy, Defendants, 62369

Publication Date: 2017-08-08
Practice Area: Real Estate | Contractual Disputes
Industry: Real Estate
Court: Supreme Court, Warren County
Judge: Justice Robert Muller
Attorneys: For plaintiff: For Plaintiffs: John D. Wright of counsel, Bartlett, Pontiff, Stewart & Rhodes, P.C., Glens Falls.
for defendant: For Defendants: Bruce G. Carr and Thomas R. Knapp of counsel, Stafford, Carr & McNally, P.C., Lake George.
Case Number: 62369

Contract for Sale of Commercial Property Granted Specific Performance; Seller Must Allow Further Environmental Inspection of Property to P