In 2016, Spolzino, Smith, Buss & Jacobs, LLP founded the Real Estate Litigation Institute. Through the Institute, we notify our clients and friends of significant court decisions issued in real estate litigation matters, as well as pertinent developments in real estate law. In addition, each year the Institute sponsors a seminar on real estate litigation topics that are of interest to the real estate community. The primary purpose of the Institute is to identify pitfalls that are exposed within the disputes we analyze so our friends can avoid them. 

Attorney’s fees, an offer for liquidated damages and the “prevailing party” under a commercial lease dispute

Lease agreements may contain an attorneys’ fee provision whereby the “prevailing party” is entitled to recover attorney’s fees. When owner and tenant settle their disputes before trial, that provision is waived or factored into the terms [...]

By | February 16th, 2018|Categories: News, Newsletter|0 Comments

Hon. Sylvia G. Ash Enforces Purchase Contract Executed by Attorney Only

In Yerushalmi Holdings, LLC v. Olumo Real Estate Corp., 2017 Slip Op. 30855(U) (Kings Cty. Sup. Ct.), Kings County Supreme Court recently enforced a contract signed by a party’s attorney that contained un-initialed handwritten changes. [...]

By | October 10th, 2017|Categories: News, Newsletter|0 Comments

Second Department Rejects Yellowstone Application where Tenant’s Default was not Curable

Real estate veterans are well familiar with the court order known as a Yellowstone injunction, which is sought by a commercial tenant to stop a landlord’s termination of its lease. In order to obtain the [...]

By | June 16th, 2017|Categories: Newsletter|0 Comments

Appellate Division Rejects Finder’s Fee Claim

The recent decision issued by the First Department in Multi-Capital Group LLC v. Karasick, et al, 149 A.D.3d 437 (1st Dep’t April 6, 2017) provides a good set of facts to comprehend when a finder’s [...]

By | June 1st, 2017|Categories: Newsletter|0 Comments

First Department Blesses Customary Rent Prove-Up Practice Utilized by Commercial Landlords

The recent decision in Moon 170 Mercer, Inc. v. Vella, 146 A.D.3d 537, 45 N.Y.S.2d 415 (1st Dep’t 2017) blesses the practice commercial landlords customarily utilize to prove-up the rent for which a tenant or [...]

By | June 1st, 2017|Categories: Newsletter|0 Comments

Commercial Division Rejects Landlord’s Application to Vacate Arbitration Award Establishing Fair Market Rent to be Paid by McDonald’s Restaurant

The recent decision by Hon. Shirley Werner Kornreich in Broadway Retail Owner, LLC vs. McDonald’s Corp., No. 651884/2014, 2017 N.Y. Slip. Op. 50011(U), 54 Misc.3d 1206(A) (Supreme Court, New York County, Jan. 9, 2017) concerned [...]

By | June 1st, 2017|Categories: Newsletter|0 Comments