In 2016, 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. 

Hon. Sabrina B. Kraus Orders Seller to Return Purchaser’s Down Payment

The recent decision in Gonzalez v. Char & Herzberg, LLP, 2017 WL 1031941 (Bronx County Mar. 13, 2017) concerned a dispute that frequently arises after a deal blows up - whether or not the purchaser [...]

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

Appellate Division Kills Commercial Lease Guaranty Claim for Failure to Submit Original Agreement at Trial

In 76-82 St. Mark’s, LLC v. Gluck (Supreme Court, Kings County) a commercial tenant sought to recover damages for breach of a guaranty agreement. At trial, the landlord’s counsel attempted to enter into evidence a [...]

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

Court of Appeals Upholds Contractual Limitation on Co-op Board’s Power to Deny Transfer Applications

In most instances, decisions of a cooperative board are reviewed by courts under the business judgment rule. The business judgment rule provides that a court should defer to a cooperative board’s determination so long as [...]

By | January 4th, 2017|Categories: Newsletter|0 Comments

The Yellowstone Injunction, a Practical Application

Many commercial landlords and tenants are readily familiar with the term “Yellowstone injunction,” which enjoins a landlord’s termination of the subject lease until a lawsuit commenced by the tenant determines the merits of the alleged [...]

By | December 12th, 2016|Categories: Newsletter|0 Comments

Commercial Landlord Can Waive “No-Waiver” Clause In Lease

Commercial leases typically contain a “no-waiver” clause that provides, among other things, that no payment by the tenant of less than the full monthly rent shall constitute a waiver of the right of the landlord [...]

By | December 12th, 2016|Categories: Newsletter|0 Comments

Appellate Division Reinforces The Risks Of Filing A Defective Notice Of Pendency

Under CPLR § 6501, a party to an action may file a notice of pendency if the judgment she demands “would affect the title to, or the possession, use or enjoyment of, real property.” [...]

By | October 13th, 2016|Categories: Newsletter|Tags: |0 Comments