New York Law Journal: Realty Law Digest

March 2016

Scott Mollen analyzed the following cases in his weekly Realty Law Digest column in the New York Law Journal (subscription required):

  • March 30, 2016:  “Dormitory Authority of the State of New York v. Roman Catholic Church of Saint Ignatius,” involving easement by implication, where a school’s motion to enjoin an adjacent development failed, and “Wells Fargo Bank v. Pena,” where an action was stayed pending a decision in a New Jersey proceeding.

  • March 23, 2016 'Basis Yield Alpha Fund Master v. Morgan Stanley,' where the First Department found that reasonable reliance was sufficiently pleaded in support of plaintiff's fraud and fraudulent concealment causes of action, thus affirming the denial of the underwriter's motion to dismiss, and 'Yorkroad v. Corrigan,' where a tenant was granted significant rent abatements for the landlord's failure to remedy leaks.

  • March 9, 2016 'Spartan Diner v. Patsalos,' where a complaint alleging breach of contract was dismissed, and 'Purifoy v. Walter Investment Management Corp.,' where the court allowed a breach claim against a mortgage servicer to survive.

  • March 2, 2016 'NRP Holdings v. City of Buffalo,' where a developer's promissory estoppel claims in a suit over a failed housing project survived dismissal, and 'Hempstead Housing Authority v. Moorer,' where the court ruled that the loss of home and the right against self-incrimination were more important than prejudice to the landlord.