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In a significant legal development, the Appellate Division, Second Department of New York rendered a decision on March 8, 2023, in the case of Schirmer v. Piazza, 214 A.D.3d 749, 186 N.Y.S.3d 37, (2d Dept. 2023). The decision addresses pivotal aspects of quiet title...
Service of process upon a corporation by NY Secretary of State is not ‘personally delivery’ of the complaint. The Court vacated a 2017 default after two years and the Appellate Division affirmed. Make sure your service is ‘good’.
NYC Housing Court dismisses adversaries case after trial. Ownership of Property and alleged fraudulent lease agreement is for the Supreme Court to determine; wrong court.
Federal Court awards $989,426.13 against judgment debtor’s spouse and several New York corporations which participated in fraudulent conveyances of the debtor’s assets, and which abused the corporate form to hide its assets and to frustrate the creditor’s ability to collect on the judgment.
Cooperative Shareholder Granted Yellowstone Injunction; Interest in the Proprietary Lease Remains Intact; and Court Rebuff’s the Stripping of the Shareholder’s Right to Vote In a Court decision highlighted as a “Decision of Interest” in the New York Law Journal, the...
The contingency of “unconditional consent” to the transaction by the Co-op Board If you use the “Contract of Sale – Cooperative Apartment” form prepared by the Real Property Section of the New York State Bar Association, there lies a poison pill that you may be...
In a court case that began in February 2014, a trial judge in Brooklyn permitted a night club operator more than two years to demonstrate they could comply with city noise requirements and try to avoid getting their lease terminated. After multiple sound testing by...
Sometimes buyers of real property are unpleasantly surprised by the condition of the property that they just purchased. Often times a buyer will see or inspect the property on less than four occasions before the closing. One such person discovered that the condominium...
In 2001, the New York Uniform Commercial Code was amended to require lenders to amend previously filed U.C.C. liens against your co-op apartment to include a Cooperative Addendum. The amendment (which also governed co-op liens filed after the law went into effect)...
As a general rule, acceptance of a check in full settlement of a disputed unliquidated claim operates as an accord and satisfaction discharging the claim. We do not see this fact pattern arise very often but you may come across this in your business dealings so take...