Scott E. Mollen, Partner

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

• April 16, 2024: "Katz v. New York City Housing Preservation and Development," where a housing discrimination case was dismissed, and "Diversified Equities LLC v. Swint," based on a licensee holdover proceeding.
   
• April 9, 2024: Two cases dealing with nonpayment proceedings: "2 No. 6th Pl. Property Owner LLC v. Golriz," and "Madison EDJ LLC v. Clerveaux."
   
• April 2, 2024: "BMG Monroe I LLC v. Village of Monroe," and "Housing Rights Initiative v. Corcoran Group."
   
• March 26, 2024: "215 W 88 LLC v. Sitney," and "109th Affordable Housing L.L.C. v. Beck."
   
• March 19, 2024: "Amtrak v. 78,441 Square Feet More or Less of Land & Improvements," "BEC Continuum Owner LLC v. Foster," and "Wells Fargo Bank, N.A. v. 24 W. 57 APF."
   
• March 12, 2024: "HSBC Bank USA, N.A. v. Nicholas," and "71st Props. LLC v. New York State Div. of Hous. & Community Renewal."


• March 5, 2024: "Mason v. Pembroke NY," where a purchaser breached contract by failing to comply with mortgage contingency clause in applying for a larger mortgage than permitted by the clause, and the riparian rights case "Talmidov Inc. v. Marina Holding Corp" involving an action for quiet title, ejectment, trespass and a declaration of easement by necessity relating to land submerged by a body of water near the Sheepshead Bay neighborhood of Brooklyn.
   
• February 27, 2024: Retroactive Application of FAPA; Licensee Holdover Proceeding.
   
• February 20, 2024: "Coritsidis v. K'Hal Bnei Torah of Mount Ivy," involving a challenge to the expansion of synagogue in a residential area.
   
• February 13, 2024: "The City of New York v. The Land and Building Known as 634 Nostrand Avenue a/k/a 1192 Dean Street," and "Stuyvesant Owners Inc. v. Frantino."
   
• February 6, 2024: "Galonsky v. East 17th LLC," where the court had to decide whether there was "undue hardship in the context of the feasibility of an accommodation." and "Medley v. 540 W. 146th Street Hous. Dev. Fund Corp." where an action for mismanagement was dismissed.
   
• January 30, 2024: "DLV Quogue, LLC v. The Town of Southampton," involving motions for summary judgment made by the plaintiffs and the defendants in an action involving a mixed-use development and related land use issues.
   
• January 23, 2024: "Universal Construction, Inc. v. Ramza," "Axos Bank v. Ottomanelli," and "Omega Mkt. v. NYC Dep't of Environmental Protection."
   
• January 16, 2024: "SCE Environmental Group v. Murnane Bldg. Contrs. Inc." involving three litigations arising from a public construction project commenced by the NYS Office of General Services.
   
• January 9, 2024: "Penichter v. Schroeder," and "DCH LEX Propco GP v. YS 541 Lexington Holdings."
   
• January 2, 2024: "Stempeck v. Townhouse West 83rd," dealing with attorney fees, and "Coscia v. Town of Greenburgh," involving an untimely tax assessment challenge proceeding.
   
• December 26, 2023: "Besen Partners LLC v. 36 W. 128th, LLC," concerning a dispute over brokers' commission, and "201 East 164th Street Associates LLC v. Calderon," where the court found that the subject lease directly referenced a rider.
   
• December 19, 2023: "Flushing Bank v. Cory Realty" and "231/249 W. 39 St. Assocs. v. Chan."
   
• December 12, 2023: "City of New York v. Coney Island Plan (Wantanabe)," which involved a determination of the amount of "just compensation" to be awarded to a property owner based on the City of New York taking "part of the subject property."
   
• December 5, 2023: "Bank of N.Y. Mellon v. DeMatteis," where the court held that the bankruptcy stay pursuant to Section 362(a)(1) (§362) "tolls the [statute of limitations] for commencing a mortgage foreclosure action against the defendant debtor, regardless of whether that defendant owns the property at the time of the bankruptcy filing," and "Knowles v. 21st Mtge. Corp.," a landlord-tenant case where the court held that the tenant's failure to pay bills did not constitute abandonment of property.
   
• November 28, 2023: "Oneway Boutique v. 681 Bay," "36 W. 35th Apt. Corp. v. Oliveira," and "2108 Amsterdam LLC v. Rodriguez."
   
• November 21, 2023: "Renaissance Equity Holding LLC v. Ford," "Fowley v. Letitia James, as Attorney General of the State of New York," and "Hamilton v. Financial Freedom Acquisition."
   
• November 14, 2023: "Theroux v. Resnicow" dealing with private nuisance and "extremely contentious disputes among neighboring co-op shareholders."
   
• November 7, 2023: "U.S. Bank Trust NA v. Miele," involving the constitutionality of a retroactive application of the Foreclosure Abuse Prevention Act and "Forty Seventh Fifth Co. v. Abraham," dealing with guarantor liability for a tenant's rent.
   
• October 31, 2023: "Aras v. B-U Realty Corp," dealing with rent overcharges. He writes: "Given the extensive analysis and arguments as to the statutory law, administrative regulations and judicial precedent involving rent overcharge claims, lawyers who address overcharge issues would benefit from reading this opinion."
   
• October 24, 2023: "128 Second Realty LLC v. Toscana Pizza Inc.," where the court ruled that voluntary abandonment of premises defeated the defendant's counterclaims, and "Manhattan Chrystie Street Development Fund, LLC v. The Witkoff Group" dealing with the concept of "willful misconduct" where the court held that in this case, "willful misconduct" constituted an action that was "voluntary and intentional, but not necessarily malicious."
   
• October 17, 2023: "Town of Orangetown, NY v. Armoni Inn & Suites," and "Gentles v. Day."
   
• October 10, 2023: "Hansen Family Invs., LLC v. Rabadi," involving a dispute arising from a failed sale of a condominium apartment, and "COD LLC v. Ljuljdjuraj," where the court held that a fired building superintendent had tenancy rights under his lease.
   
• October 3, 2023: "Mrishaj v. Moore," which held that RPAPL §853 does not protect shareholders against misconduct by neighboring shareholders, and "Kennedy Plaza Tower v. Leffler" where the court held that an ERAP application cannot be used to delay eviction.
   
• September 26, 2023: "169-175 Operating LLC v. The Estate of German Marrero," dealing with the succession fights of an incarcerated individual to his deceased father's regulated apartment, and "57th & 7th Associates, L.P. v. Osborne Tenants Corp." where the court held that the landlord's acceptance of rent did not constitute a waiver of prohibition on outdoor seating.
   
• September 19, 2023: "WCB Holdings, LLC v. 421 W 14 Lessee," "US Bank N.A. v. Johns," and "609 West Associates, L.P. v. Estrella."
   
• September 12, 2023: "Cucs W. 127th Street LLC v. Ebstessam Eshaq," Where an eviction proceeding on a 'hoarder' tenant was dismissed, and "River Place II, LLC v. Daniel C. Hurd," a nuisance holdover proceeding where a "no-cure" provision of a stipulation was held to be void against public policy.
   
• September 5, 2023: "Hieber Astoria LLC v. Taverna," where the subject complaint was held to sufficiently state a pierce the corporate veil claim, and "Matter of Samaritan-Compass VI Housing Development Fund Corporation v. 1293-95 Rodman," where the Appellate Division affirmed a trial court granting of a petitioner's motion to hold the respondent in contempt of an order granting petitioner access to the respondent's property.
   
• August 29, 2023: "WDF Inc. v. Dormitory Auth. of NYS," and "Cuffaro v. Zoning Bd. of Appeals of the Village of Bellport."
   
• August 22, 2023: "301 E. 60th St. LLC v. Competitive Solutions LLC," where the issue was whether a contract pertaining to the sale of inclusionary air rights can be subject to specific performance, and "Dahl v. Prince Holdings 2012 LLC," where the landlord was granted use and occupancy.
   
• August 15, 2023: "Egger's Original Ice Cream Inc. v. Staten Island Historical Soc'y Inc." where a tenant ice cream parlor was granted a Yellowstone Injunction, tolling the time to cure its alleged defaults.
   
• August 8, 2023: "Adler Holdings II LLC v. Jill Stuart Intl. LLC," where both the tenant and guarantor were held liable for rent, and the tenant failed to leave the premises "broom clean," and "Wise v. 1614 Madison Partners," dealing with an overcharge claim in a building which received 421-a tax benefits.
   
• August 1, 2023: "Weinstock v. NYS Urban Dev. Corp.," dealing with a FOIL request. He writes: "This case is of interest because many opponents of large projects file FOIL requests in an effort to uncover evidence which may derail such projects. This decision found that some of the government agency's objections were over broad and inconsistent with the language and intent of the FOIL statute."
   
• July 25, 2023: "Rosner v. Caputo," and "CAC Atl. LLC v. Harmon Stores."
   
• July 18, 2023: "Mansion Realty LLC v. 656 7th Ave. Gym LLC," and "Bank of NY Mellon Trust Co. NA v. Hendrickson."
   
• July 11, 2023: "Clark Tower LLC v. Wells Fargo Bank NA," where a wrongful foreclosure claim was dismissed where the plaintiff/borrower could not prove a conspiracy to "steal the building."
   
• July 3, 2023: "1710 Owners Corp. v. Sussman," and Matter of "875 E. 35th St. Mgt. LLC v. Cole."
   
• June 27, 2023: "Trump Vil. Section 4 Inc. v. Vilensky," and "ZB Prospect Realty v. Olenick."
   
• June 20, 2023:  "590 Myrtle LLC v. Silverman-Shaw Inc." a case which illustrates the significance of contract language which provides that a contract will not become binding until and unless it has been signed and delivered by the respective parties.
   
• June 13, 2023: "Fuks v. Rakia Assoc." where the court held the plaintiff engaged in active misconduct and confirmed an award for breach of fiduciary duties. The court opined that the case "rivals the long running dispute in Charles Dickens' novel, Bleak House, and will end no better."
   
• June 6, 2023: "Kazoku LLC v. Bd. Of Mgrs. of the Museum Bldg." where the court held that board members who did not act in bad faith cannot be subject to personal liability, and the Landlord-Tenant case "Baldwin v. McCarry," where it was found that the landlord failed to prove that the use of the cooperative form of ownership did not in reality constitute a "de facto for-profit rental building."
   
• May 30, 2023: "Eshaghpour v. Promenade Condo." and "Morris Motel, LLC v. Dechance."
   
• May 23, 2023: "Mutual Redevelopment Houses Inc. v. Metro. Transp. Auth," where an MTA's subway project was found to be exempt from environmental review and "Chai Found. Inc. v. NYS Div. of Hous. & Cmty. Renewal," where a DHCR rent reduction based on reductions in 'essential services' was upheld.
   
• May 16, 2023: "West Mtn. Assets LLC v. Dobkowski," where parcel owners established exclusive possession, not adverse possession, of a disputed area, and "Diamond Back L VL LLC v. Reynolds," where after a tenant established its building had at least six units, the court held it was subject to rent stabilization.
   
• May 9, 2023: "J.T. Magen & Co. v. Nissan N. Am.," where the court found a willfully exaggerated mechanic's lien to be null and void.
   
• May 1, 2023: "Lakr Kaal Rock LLC v. Paul" and "Matter of Application of NYC."
   
• April 25, 2023: "101-115 W. 116th St. Corp. v. Consulate Gen. of the Republic of Senegal," of interest "because, inter alia, of the number of foreign embassies and consulates located in New York City and because of its elucidation of the law involving lawsuits against foreign governments, their related entities, liquidated damages, holdover rent, late fees and restoration costs.
   
• April 18, 2023: "Matter of First NY v. New York State Div. of Housing & Community Renewal," "Solda v. KJL Ventures," and "Amcojor Realty Corp. v. Butter Mgt."
   
• April 11, 2023: "Borah, Goldstein, Altschuler, Nahins & Goidel v. Cont'l Cas. Co.," where the court dismissed an insurance claim brought by the law firm which closed during the COVID-19 pandemic, and "Chazak Equities LLC v. Hamilton," where defendants had a contractual right to terminate the contract and return deposit to plaintiff.
   
• April 4, 2023: "Gelles v. Sauvage."
   
• March 28, 2023: "Ralph Lauren Retail v. 888 Madison,” and “Fabo v. Kushner Cos.”
   
• March 21, 2023: "Mandracchia v. Renovate-Create Sourcing & Procurement Corp." Where, in signing a lease and alteration agreement, the plaintiff waived the co-op's statutory duty.
   
• March 14, 2023: "Elite Wine & Spirit LLC v. Michelangelo Preserv. LLC," where a 'Yellowstone injunction' was granted where the court found good faith effort to cure, and "Bullen v. Palma," where a landlord was ordered to restore the tenant to possession of premises following an unlawful eviction.
   
• March 7, 2023: “Horizon Realty of Mt. Vernon LLC v. Dabbs,” where an ERAP stay was lifted as being inequitable to the landlord who had already suffered in the lengthy process, and “McWhinney v. Rockland Cider Works,” where defendants were preliminarily enjoined from operating a cidery that would hurt surrounding property values.
   

• February 28, 2023: "Community Housing Improvement Program, et al. v. New York Tenants & Neighbors" where the Second Circuit affirmed the constitutionality of New York's Rent Stabilization Law and Housing Stability and Tenant Protection Act.
   

• February 21, 2023: "South St. Seaport Coalition Inc. v. Landmarks Pres. Commn. of NYC," where the court vacated a certificate allowing a high-rise building at South Street Seaport, and "300 W 110th 19B LLC v. Argo Real Estate LLC," where the court granted a motion to compel arbitration, citing the condo bylaws' arbitration provision.
   

• February 14, 2023: "Bd. of Mgrs. of 325 Fifth Ave. Condo v. Cont'l Residential Holdings LLC," where a condominium board's lawsuit against the management company based on alleged construction defects was dismissed.
   

• February 7, 2023: “SEZ Foster LLC v. City of New York," where the court held that City of New York is not precluded from arbitrating land's fair market value, and "Potanovic v. Town of Stony Point," where the court dismissed a Section 1983 action alleging that the town violated First Amendment free speech rights, by omitting the public input part of town board meetings from Facebook live.
   

• January 31, 2023:  "260-261 Madison Ave. LLC v. WeWork 261 Madison LLC," and "NRP Mortgage Trust I v. 701 Elton Ave."
   

• January 24, 2023: "Palacio v. Moursy," where the court vacated the tenant's stipulation to vacate; and "Article 13 LLC v. Ponce de Leon Federal Bank" where denials of summary judgment in an action to Quiet Title to a Brooklyn property was explained.
   

• January 17, 2023: "17 Lexington Ave. LLC v. Alison Six Star,” where a blank commencement date did not render the subject lease agreement unenforceable, and "Spiegel v. 85th Estates Co.,” where the court certified a class action in a tenants' suit against the landlord.
   
• January 10, 2023: Two commercial landlord-tenant cases: "195 B Owner LLC v. Anthropologie,” where it was held that pandemic executive orders excused the tenant's rent obligation under its lease provision, and "558 Seventh Ave. Corp. v. PKNY IV,” where the court held that an invalidate certificate of occupancy does not bar a request for use and occupancy.
   
• January 3, 2023: "179-94 St. LLC v. Hassan,” where the parties' broad release precluded a lawsuit for alleged misrepresentation in a property sale, “Roldan v. 11610 14 Rd. LLC,” where the court awarded damages to a tenant living without running water, and “Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc.,” where a settlement provision barred a commercial tenant's fraudulent inducement claim.
   
• December 27, 2022: “Urban Commons 2 W. LLC v. Battery Park City Auth.,” “Kralik v. New York City Dept. of Hous. Preserv. & Dev.,” and “511 E. 80th St. LLC v. Margalit.”
   
• December 20, 2022: “Consulting SS Inc. v. McKellar,” where the court held that illegal units are still subject to rent stabilization, “96 Springs, LLC v. Chefs Club NY, Inc.,” where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and “East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
   
• December 13, 2022: “215 W. 84th St Owner LLC v. Bailey,” and “689 E 187th St LLC v. Mathu.”
   
• December 6, 2022: “Golan v. Daily News,” where an article about the plaintiff's deceptive real estate practices did not constitute defamation, and “Williams v. Sowle,” where the complaint was dismissed for failure to establish the mistake in conveyance was mutual.
   
• November 29, 2022: “Zelik v. Rubashkin,” where it was held that summary judgment is denied when contradictory claims require a trial for resolution, and “Brinkmann v. Town of Southold” where a takings clause claim was held not stated – the land at issue taken for a park did not bestow a private benefit.
   
• November 22, 2022: Two landlord-tenant cases: “West 49th St., LLC v. O'Neill,” and “Apartment Owners Advisory Council v. Marks.”
   
• November 15, 2022: “Lee v. Hootnick,” and “1995 CAM LLC v. West Side Advisors, LLC.”
   
• November 8, 2022: Two landlord-tenant cases, “River Park Residences v. Williams,” and “Kelly v. Williams.”
   
• November 1, 2022: “Matter of Barnes Rd. Area Neighborhood Assn. v. Planning Bd. of the Town of Sand Lake,” where it was held that the court could not use its own judgment to overrule the determination by the town's planning board, and “Gunsalus v. County Of Ontario,” where a home's sale at foreclosure was set aside because it was determined to be not a transfer for a reasonably equivalent value.
   
• October 25, 2022: “Haimovici v. Castle Vil. Owners Corp.,” a lease termination action where records of the tenant's misconduct precluded a preliminary injunction, and “Application of Voice of Gowanus v. City of New York,” where a challenge to Gowanus rezoning was dismissed due to a failure to show that the environmental review was capricious.
   
• October 18, 2022: “Mackey v. My Little Saltbox, LLC,” where intentional misrepresentations in a real estate transaction barred a motion to dismiss, and “Torres v. Marrero” where Anti-SLAPP pleading standards were found to apply to a defamation suit between bickering neighbors.
   
• October 11, 2022: “Colgate Inn v. Eberhardt,” where the court found that the subject lease granted the Inn owner access to an Inn lessee's records regarding the Inn's transactions, and “2875 W. 8th St. Assoc., L.P. v. Bonomo,” where the court allowed a tenant to cure a default with a conditional Yellowstone.
   
• October 4, 2022: “Bd. of Mgrs. of the 207-209 E. 120th St. Condo v. Dougan,” where a condo's by-laws did not show intent to require the unit owner to pay attorneys' fees, and “Forest Enters. Mgt. Inc. v. County of Warren," where the court found that EDPL provides additional allowance for attorneys' and appraisal.
   
• September 27, 2022: “Miyamoto v. Bank of America,” where a reverse mortgagor's lawsuit was only partly dismissed, and the court held that the negligence claim can proceed against Bank of America; and “Mitchell v. Jackson,” where non-monetary obligations under the lease were held to sufficiently establish consideration.
   
• September 20, 2022:  The land use case “South St. Seaport Coalition v. City of New York,” where the court denied a petition challenging development in a historic district.
   
• September 13, 2022: “West Side Marquis, LLC v. De Jourdan,” where it was held that a newly enacted rent control law supersedes a private agreement between the landlord and tenants; and “Matter of Obus v. New York State Tax Appeals Tribunal,” where the court held that the petitioners' frequent use of their New York vacation home does not make them state residents.
   
• September 6, 2022: The land use case, “301 E. 66th Condominium Corp. v. City of New York,” and a foreclosure action, “Majestic Holdings v. Wilmington Sav. Fund Socy.”
   
• August 30, 2022: “133 E. 58th Street, LLC v. Honors New York Center for Bridge,” where plaintiff's who operated a bridge club attempted to be excused from rent due to impossibility of performance but the court determined to club to be a 'non-essential retail establishment, and “Moody v. The Related Companies,” where an FHA discrimination claim was dismissed against the developer of Hudson Yard's affordable rental units.
   
• August 23, 2022: “Family Health Mgmt. v. Rohan Dev.,” and “Neighborhood Housing Assoc. LLC v. Covington.”
   
• August 16, 2022: “Lemberg Found. v. Shuttleworth Artists,” and “Boston LLC v. 35 West Realty Co., LLC.”
   
• August 9, 2022: Two commercial landlord-tenant cases, “525 Del. v. CSCO,” and “Strycker's Bay Apartments, Inc. v. Han-Bae Corp.”
   
• August 2, 2022: “Marlow v. Greene,” “Andre v. Invenergy LLC,” and “MH Rental LLC v. Zani.”
   
• July 26, 2022: “323-325 Bleecker Realty v. Maxluxe,” and “Cutone & Co. Consultants v. Riverbay Corp.”
   
• July 19, 2022: “Kassin Sabbagh Realty v. 125th St Holding Co. LLC” and “88 Ave. Realty De LLC v. Castro.”
   
• July 12, 2022: A commercial landlord-tenant case “Ralph Lauren Retail Inc. v. 888 Madison LLC,” an environmental case “Mahoney v. U.S. Dep't of the Interior,” and a landlord-tenant holdover case, “LaPorte v. Garcia.”
   
• July 5, 2022: Two cases, “Colle v. Saunders” and “Licht v. Rosenberg.”
   
• June 21, 2022: “Trump Ferry Point LLC v. Silver” where the court held that the subject license did not obligate the petitioner to attract or hold any golf tournaments; and “HPS 50th Ave. L1HTC Assoc. LLC v. Gallo,” where the tenant was ordered to cease creating “Collyer” conditions in the apartment.
   
• June 14, 2022: “538 Morgan Ave. Props. LLC v. 538 Morgan Realty LLC,” and “Dvortsov v. Levy.”
   
• June 7, 2022: “Highbridge Facilities v. Cromwell Avenue Investors,” “Freeman v. Harmonia Holdings,” and “Supercool Co. RHVAC v. LaSalla.”
   
• May 31, 2022: Two landlord-tenant cases, “1641 Park Ave. Assoc. v. Parker” and “Ermenegildo Zegna Corp. v. L&M 825.”
   
• May 24, 2022: “Norman Realty & Constr. v. 151 E. 170th Lender” and “White Plains Aviation Partners v. Cnty. of Westchester.”
   
• May 17, 2022: “T.C. Murphy Lumber Co., Inc., v. TopRidge” and “Dep't of Hous. Pres. & Dev. of NYC v. Rosenfeld.”
   
• May 10, 2022: An unjust enrichment case, “Swift v. Rappaport” and two landlord-tenant cases, “Schulte Roth & Zabel v. Metropolitan 919 3rd Ave. LLC,” and “Rosen v. MF Assoc. of NY.”
   
• May 3, 2022: Two landlord-tenant cases, “S&M Bronx Inc. v. Mosholu Petrol Realty LLC” and “Tell v. FirstService Residential NY Inc.”
   
• April 26, 2022: The contracts case “Wang v. 44th Drive Owner” and two landlord tenant cases, “Monica King Contemporary LLC v. Kedzkidz Realty II," and “Greenwood v. Ajal.”
   
• April 19, 2022: Two cases, “Parkmerced Invs. v. WeWork" and “Fulton View Realty v. Reddy.”
   
• April 12, 2022: “220 E. 26th St. LLC v. Kaled Mgmt. Corp.,” where a real estate management company was found to have owed a fiduciary duty to property owners; and “Kim v. United Am. Land Inc.,” a landlord-tenant case where it was held that the housing court has jurisdiction to issue "orders to correct" for loft law premises.
   
• April 5, 2022: “Nick's Lobster v. Land & Sea Constr. Corp.,” a breach of contract case, and a commercial landlord-tenant case “Reade Broadway Ass'n v. Yuen & Assoc.”
   
• March 29, 2022: “Gruber v. Gruber,” a case involving a constructive trust where issues of fact existed as to whether the transfer of property was effectuated, and “Friedman Residence v. Denson,” where the court held that Housing Court is the correct forum for resolving the landlord's ejection action.
   
• March 22, 2022: “300 Wadsworth LLC v. NYSDHCR” and “Allied Constr. Corp. v. Parsons Transp. Group of New York.”
   
• March 15, 2022: “Rodriguez v. Richards,” a breach of contract case where the seller was entitled to keep a $50,000 deposit even though the contract lacked a liquidated damage provision, and “450 Grand Avenue Realty LLC v. Technology Insurance Company,” an insurance case where the court granted a motion to dismiss finding that a COVID-19 moratorium was only applicable to policyholders experiencing financial hardship due to the pandemic.
   
• March 8, 2022: Two commercial landlord-tenant cases: “New WTC Retail owner LLC v. Fal Coffee WTC” and “ADBH 22nd Floor, Inc. v. NY Park N. Salem.”
   
• March 1, 2022: Two cases “A.T.J. Elec. Co. Inc. v. Hill” and “326 Starr LLC v. Martinez.”
   
• February 22, 2022: “D'Acunto v. Fabiano,” involving a constructive trust, and two landlord-tenant cases “Anello v. Fiedler” and “McMahon v. Shalvey.”
   
• February 15, 2022: “Nikas v. Awawdeh,” where the court held that a village attorney involved in a contract is not automatically a public figure, and “Centier Bank v. Beshaw,” where it was held that the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA) does not apply to chattel, such as a manufactured home.
   
• February 8, 2022: “Wells Fargo Bank, Nat'l Assoc. v. Joseph E. Marx Co.” and “Davis v. Graham Court Owners Corp.”
   
• February 1, 2022: The contracts case “70-35 113th Street Holdings LLC. v. Auberge Grand Central LLC,” which illustrates how some people will claim that post default dialogue constituted a waiver, or modification of a contract provision.
   
• January 25, 2022: “Lincoln St. Mezz II LLC v. One Lincoln Mezz 2” and “Liberty Square Realty Corp. v. The Doe Fund Inc.”
   
• January 18, 2022: “In the Matter of Brett B. Truett v. Oneida County” and “St. George Hotel Assocs. LLC v. Affiliated FM Ins. Col.”
   
• January 11, 2022: “Pusateri v. Abramov” and “ABC Cakes LLC v. 410-416 Mamaroneck Ave. LLC.”
   
• January 4, 2022: “Matter of East River Park Action v. City of New York” and “Malaczynski v. Wittmann.”
   
• December 28, 2021: The landlord-tenant case “Kidd v. Williams” and the condemnation case “My Ryan, LLC v. State of New York.”
   
• December 21, 2021: “Matter of PSC v. City of Albany Indus. Dev. Agency” and “Zheng v. Choudhary.”
   
• December 14, 2021: “Chrysafis v. Marks” and “R.J. Rose Realty v. Beyond Costumes Inc.”
   
• December 7, 2021: “W. Houston Prop. v. NY Pilates NYC,” where the landlord failed to plead allegations sufficient to state a cause of action for alter ego liability, and “Higgins v. 120 Riverside Blvd. at Trump Place Condominium,” where the plaintiff was denied relief under the FHA for failure to state a claim.
   
• November 30, 2021: “Wilmington Savings Fund Society v. 6 Turtle Knoll,” “Locon Realty v. Safisas Corp.” and “Leya v. Kodicek.”


• November 23, 2021: Three landlord-tenant cases: “Rochdale Vill. Inc. v. Chadwick,” “901 Bklyn Realty LLC v. Manigat,” and “Morrissey v. 400 W. 59th Partners.”
   
• November 16, 2021: “Coldenham LLC v. Maldonado,” “Pomona Country Club v. Escoffery,” and “Davies v. S.A. Dunn & Co.”
   
• November 9, 2021: "East Empire Constr. Inc. v. Borough Constr. Grp,” where a subcontract's termination required compliance with a 10-day post notice cure provision, and "Sanchez-Tiben v. Washington,”where the court held that a sufficient showing was made to warrant a hearing to ascertain the validity of a hardship declaration.
   
• November 2, 2021: The case “Kim v. HFZ 11 Beach Street LLC.”
   
• October 26, 2021: Three cases: “LaSalle v. 1777 GC LLC,” “Bloom v. Nationstar Mortgage,” and “Currin v. Glenwood Mgmt. Corp.”
   
• October 19, 2021: “Rogers v. Melchiorre,” where an owner was denied summary judgment on adverse possession and easement by prescription claims and “Royal Housing v. City of Jamestown,” where a city's emergency condemnation was found to be arbitrary and violative of the property owner's due process rights. 
   
• October 12, 2021: A land use case “Congregation Rabbinical College of Tartikov Inc. v. Village of Pomona” and the trespass/nuisance case “Benjaminov v. Zheng.”
   
• October 5, 2021: “Etage Real Estate LLC v. Stern,” where the court found that the defendants' transfer of interest in their sole property for zero consideration justified piercing the corporate veil, and “Matter of United Full Gospel Church of God v. Bd. Of Appeals,” where the court annulled a village board of appeals denial of a petition for a special use permit/area variance for religious use.
   
• September 28, 2021: Two landlord-tenant cases: “Y.A. Mullings Corp. v. Hall,” where the court denied the landlord's motion to permit witnesses to testify against tenants anonymously, and “Fisher v. Burke,” where the tenant/roommate was granted final judgment of possession in an illegal lockout proceeding.
   
• September 21, 2021: “Monahemi v. Gohari,” where questions of fact precluded summary judgment dismissing a complaint relating to fraud, and “1700 Harrison LLC v. Whetstone,” where the landlord was denied vacatur of a stipulation and the tenant denied she was in civil contempt for non-compliance.
   
• September 14, 2021: “Indig v. Village of Pomona,” “Cromwell Towers Apts. v. Cordero,” and “Advani v. Borden.”
   
• September 7, 2021: Two landlord-tenant cases “723 Edibles Inc. v. 721 Borrower,” and “50th St. HDFC v. Abdur Rahim,” and a land use case “U&Me Homes v. County of Suffolk."
   
• August 31, 2021: The easement case “Rice v. Pennoyer,” a land use case “Remauro v. C,” and nana landlord-tet caseity of N.Y “11-15 New Montrose Ave. Tenant Ass'n v. 11-15 New Montrose Ave. Hous. Dev. Fund Corp.”
   
• August 24, 2021: “JDS Construction Group, LLC and 9 Dekalb Fee Owner LLC v. Continental Casualty Company,” “Kalikow Family P'ship LP v. Doe," and “Matter of Denisov v. Dechance.”
   
• August 17, 2021: The landlord-tenant case “Collpoint v. Houmita,” and the contracts case “Halperin v. Van Dam.”
   
• August 10, 2021: “B&A Realty Mgt., LLC v. Gloria,” “Cozzolino v. N.Y.S. Div. of Hous. & Cmty. Renewal,” and “Daytree at Courtland Square Inc. v. Walsh.”
   
• August 3, 2021: “Estate of Josephine Aonge v. Wesco Insurance,” “Omega Melville v. Fusion Mgmt.,” and “The George Units v. Diaz.”
   
• July 27, 2021: A co-op case, “800 Grand Concourse Owners v. Charlene Thompson,” where the appellate court affirmed a judgment granting a co-op's motion for summary judgment and awarded possession of a cooperative apartment to the petitioner in a holdover summary proceeding; “JS Equity Holdings 1 LLC v. 527Myrtle LLC,” in which the court denied a motion to cancel a notice of pendency; and “Gridley v. Turnbury Village LLC,” a landlord-tenant matter holding that landlord did not engage in fraud to deregulate an apartment.
   
• July 20, 2021: A contracts case, “110 East 138 Realty v. Rydan Realty,” where the court held that a real estate purchaser who defaults on his contract is not entitled to the down payment, and a landlord-tenant case, “Hibbert v. Powell,” where the court awarded the tenant punitive damages after the owner shut off the water supply during the pandemic.
   
• July 13, 2021: “RLM TH LLC v. 162 E. 70th St. Trust,” “Benny's Famous Pizza Plus Inc. v. Security Natl. Ins. Co.,” and “Zollo v. Adirondack Lodges Homeowners.”
   
• July 6, 2021: “Rush Props. v. Riveros,” “Food First HDFC v. Turner” and “Mayfair Resort Homeowners Ass'n v. LG Lakeside Living.”
   
• June 29, 2021: Two landlord-tenant cases: “Mall 1-Bay Plaza v. Bronx Vistasite Eyecare,” where temporary closures under executive orders did not constitute a taking of tenant's business, and “Bronx Park Phase II Preserv v. V.C.” where the court granted tenant's motion to hold a holdover eviction proceeding via virtual trial.
   
• June 22, 2021: The contracts case “E. Upreal LLC v. Rogers Equities LLC,” where discovery was needed to resolve issues, and “GSKP LLC v. Lee” where the landlord failed to show that the tenant's bird feeding constituted a nuisance.
   
• June 15, 2021: “1877 Webster Ave. Inc. v. Tremont Center,” where the lack of a force majeure provision did not bar impossibility and frustration of purpose claims, and “Matter of Academy Sq. Apts. Hous. Dev. Fund Co. v. Assessor, City of Utica,” where a panel affirmed an order granting the owner tax exempt status on parcels under RPTL §420-a.
   
• June 8, 2021: A breach of contract case, “Grasso v. Donnelly-Schoffstall,” and a landlord-tenant case “Lippman v. Bix Six Towers Inc.”
   
• June 1, 2021: Two landlord-tenant cases: “SMG Auto. Holdings v. AAF Real Estate LLC,” and “4401 Sunset Holdings LLC v. Mendez.”
   
• May 25, 2021: Two contract cases: “Thor Equities v. Factory Mutual Ins. Co.” where a commercial landlord's action against its insurer for pandemic-related losses survived dismissal; and “98 Gates Ave. Corp. v. Bryan Jr.” where the doctrine of caveat emptor barred plaintiff from maintaining an action for breach of contract and fraud.
   
• May 18, 2021: “Cretcher v. U.S. Bank N.A.,” involving claims against a defendant bank for “negligence, trespass and private nuisance under New York state law,” and “Ng v. Ng,” which involved a dispute between co-owners of a brownstone property where the plaintiffs' motion for partition and sale was granted.
   
• May 11, 2021: The condominium case “The 277 E. 7th St. Condo v. 277 E. 7th St.,” and two landlord-tenant cases: “19 India Fee Owner LLC v. Miller,” and “Zorikh Lequidre, Ilse Rumes v. Port Rich Realty.”
   
• May 4, 2021: “Haberman v. Zoning Bd. of Appeals of the City of Long Beach,” where a wrongful revocation of a building permit was a held as a breach of defendant City of Long Beach's contract.
   
• April 27, 2021: “2857 Sedwick Ave. LLC v. Drummond,” “Bowery 263 Condo Inc. v. D.N.P. 336 Convent Ave. LLC,” and “Similis Mgmt. LLC v. Dzganiya.”
   
• April 20, 2021: “Schwesinger v. Perlis,” where the landlord failed to prove its tenants engaged in acts proscribed by COVID-19 Emergency Eviction and Foreclosure Prevention Act after the effective date, and “DeSuze v. Ammon,” where a tenants' claims in a rent challenge were held time-barred and not saved by the continuing violation doctrine.
   
• April 13, 2021: Two commercial landlord-tenant cases: “Chip Fifth Ave. LLC v. Quality King Distrib.” and “267 Dev. LLC v. Brooklyn Babies & Toddlers, LLC.”
   
• April 6, 2021: “Bulldog Pack, LLC v. 868 Lorimer Project,” dealing with the breach of an operating agreement, and “In Re: 650 Fifth Avenue Company and Related Properties,” where the government's seizure of a building was found to have violated the claimants' due process rights.
   
• March 30, 2021: “39-50 24th St. Realty v. Ol'Bridge Café Inc.,” where tenant violated the lease for operating an unlicensed catering facility and created a public hazard for holding an large event during the pandemic, and “Bd. of Managers, 80th at Mad. Condo,” where questions of fact remained if the board acted arbitrarily in refusing to approve exterior signage.
   
• March 23, 2021: “Tumayeva v. Oceana Condo” where a prospective buyer's breaches of contract and fiduciary duty claims were dismissed, and “111 Fulton St. Investors v. Fulton Quality Foods,” where the court rejected a tenant's defenses of casualty and eminent domain clauses in the lease for default.
   
• March 16, 2021: Two foreclosure cases: “Bridgecity Capital QOB v. 1717 E. 8 St. LLC,” and “NYCTL 2016-A Trust v. Neighborhood Youth & Family Services.”
   
• March 9, 2021: Three commercial landlord-tenant cases: “138-77 Queens Blvd LLC v. QB Wash LLC,” “Daval 37 Assocs. LLC v. Alamoda Fascination LLC,” and “RPH Hotels 51st St. Owner LLC v. HJ Parking.”
   
• March 2, 2021: Three cases: “Piscionere v. Gori,” “Gutnick v. Jacobson,” and “Alir Inc. v. Jiminez.”
   
• February 23, 2021: “Omega SA v. 375 Canal LLC,” where the landlord was hit with a $1.1 million statutory damage award based on on the building's connection with counterfeiting and trademark violations.
   
• February 16, 2021: “Downtown New Yorkers Inc. v. NYC,” where a petition to block New York City from Relocating homeless people from the Lucerne Hotel to the Radisson Hotel was dismissed, and “Ellis v. Town of E. Hampton,” where adverse possession against government-owned land was denied.
   
• February 9, 2021: The Court of Appeals foreclosure case “US Bank N.A. v. Nelson," and the Queens County landlord-tenant case “111-50 Realty Corp. v. Melgar.”
   
• February 2, 2021: The landlord-tenant case “Avignone v. Valigorski.”
   
• January 26, 2021: “Avail Holding LLC v. Ramos,” where the court awarded attorney fees based on quality of work product and extensive experience, and “G Family Holdings LLC v. Washington-West 11th St. Owners Corp.,” where defendants were denied reargument on the issue regarding a surviving private nuisance claim.
   
• January 19, 2021: The commercial landlord-tenant case “188 Ave. A Take Out Food Corp. v. Lucky Jab Realty Corp,” and the construction case "Turner Constr. Co. v. Nastasi & Assoc.”
   
• January 12, 2021: The Land Use and Planning case “Peyton v. New York City Board of Standards and Appeals" from the New York State Court of Appeals.
   
• January 5, 2021: “American Infertility of New York v. Verizon,” a trespass action, where questions existed as to whether Verizon was a licensee, and “Windward Bora LLC v. Wilmington Savings Fund Society,” where the defendant was found immune, as HUD's assignee, from N.Y.'s limit period on foreclosure actions. 
   
• December 29, 2020: “U.S. Bank Nat'l Assoc. v. Goldman Sachs Mortgage,” where the agreement imposed an obligation of reasonableness as to enforcement undertaken by the trustee, and “47-351 Operating Corp. v. Merino,” where an Airbnb occupant overstayed his reservation.
   
• December 22, 2020: “Columbia University v. D'Agostino Supermarkets,” decision involving a clash of competing public policy considerations: freedom to contract, enforceability of settlement agreements and the unenforceability of illegal penalties.
   
• December 15, 2020: “Wyona Apts. LLC v. Ramirez,” where the court held that a virtual trial did not violate the respondents' due process rights, and “204 E. 38th LLC v. Sons of Thunder LLC,” where an administrative code provision barred the lessor from seeking recovery based on a personal guaranty.
   
• December 8, 2020: Three landlord-tenant cases: “The Shack Collective Inc. v. DeKalb Market Hall,” “Cook v. Fairfax Mgmt Corp.,” and “631 Edgecombe, LP v. Walker.”
   
• December 1, 2020: “Board of Mgrs. of the 28 Cliff St. Condominium v. Maguire,” where the court held that a condominium president's request for indemnity after a fire should have been denied under the bylaws; and “1982 E. 12th St. Holding LLC v. Lati,” where the plaintiff's use of disputed parcel of land failed to establish adverse possession.
   
• November 24, 2020: “SVC W. Babylon LLC v. 204 Great E. Neck Rd. LLC,” where the defendant was granted dismissal of the plaintiff's option to renew the lease, and “Cayuga Indian Nation of New York v. Seneca County,” where it was held that tribal sovereign immunity bars a county's foreclosure actions for nonpayment of taxes.
   
• November 17,  2020: “BKNY1 Inc. v. 132 Capulet Holdings,” and “McCarthy v. County of Nassau.”
   
• November 3, 2020: The land use case “Am. Patriot Express v. City of Glens Falls,” and a foreclosure action case “George v. 1429 Pacific Inc.”
   
• October 27, 2020: “Platt v. Windsor Owners Corp.,” and a commercial landlord-tenant case “Westbury Flats LLC v. Backer.”
   
• October 20, 2020: The contracts case “Riseboro Cmty. Partnership Inc. v. SunAmerica Housing Fund 682,” and the landlord-tenant case “213 33rd St. Owner LLC v. Alvarado.”
   
• October 13, 2020: A UCC foreclosure case, “893 4th Ave. Lofts LLC v. 5AIF Nutmeg LLC,” and a commercial landlord-tenant case, “98-48 Queens Blvd LLC v. Parkside Mem'l Chapels Inc.”
   
• October 6, 2020: “Magid v. Waldman,” and “1267 Rogers Ave. LLC v. First American Title Ins. Co.”
   
• September 29, 2020: “City View Towne Crossing Shopping Center Fort Worth Tx. L.P. v. Aissa Med'l Resources,” a breach of contract case where a shopping center lease dispute was remanded to NYS Supreme Court.
   
• September 22, 2020: “Matter of Rose Castle Redevelopment II, v. Franklin Realty Corp.,” “HH Mark Twain v. Acres Capital Serv.,” and “Empire Pipeline Inc. v. Town of Pendleton.”
   
• September 15, 2020: “Center for Specialty Care v. CSC Acquisition I,” where it was held the court must recalculate the damages award for breach of lease and guaranty agreements, and “Eubanks v. Kinsler” where a landlord's refusal to sign city FHEPS forms constituted unlawful income discrimination.
   
• September 8, 2020: “Staten Island Land Corp. v. NYC,” where the court held, pursuant to EDPL, the condemnee must repay the difference between the final award and the advance payment.
   
• September 1, 2020: Two landlord-tenant cases “Grove St. Equities LLC v. Butensky,” and “Dewald v. S&P Assocs. of N.Y.”
   
• August 25, 2020: “Angel v. Strulovich,” and “Rainford Mgmt. Corp. v. 207 Van Buren.”
   
• August 18, 2020: The contracts case: “Korman v. Corbett,” and the landlord-tenant case “Quinatoa v. Hewlett Assocs.”
• August 11, 2020: “One Wythe LLC v. Elevations Urban Landscape Design Inc.,” where the court held the tenant was entitled to attorney fees for non-residential tenant harassment.
   
• August 4, 2020: The case “Agudas Chasidei Chabad of the U.S. v. Congregation Lubavitch Inc.”
   
• July 28, 2020: “Board of Managers of 184 Thompson Street Condominium v. 184 Thompson Street Owner LLC,” where the court held that a condo conversion sponsor correctly calculated the cooperative conversion reserve fund, and “Jensen v. 1050 Pacific LLC,” where a motion for receiver was denied absent allegations of waste.
   
• July 21, 2020: The land use case “Matter of Dreyer v. Stachecki;” a joint ventures decision “Michael Eisenberg v. Miriam Weisbecker;” and a landlord-tenant case “Francis v. Stein.”
   
• July 14, 2020: The NY Court of Appeals decision in “Regina Metropolitan Co. v. New York State Div. of Hous. & Community Renewal” which presents a common issue under the Rent Stabilization Law: What is the proper method for calculating the recoverable rent overcharge for New York City apartments that were improperly removed from rent stabilization during receipt of J-51 benefits prior to Roberts v. Tishman.
   
• July 7, 2020: This case illustrates why, generally, developers' lawyers advise their clients that they should not sue the opponents of their projects.
   
• June 30, 2020: The condominium law case “Gharai v. Board of Mgrs. of the Atelier Condominium,” and three landlord-tenant cases “1371 Franklin Ave. v. Pugh,” “Westman Realty Co. v. Cookson,” and “530 Second Ave. Co. v. Zenker.”
   
• June 23, 2020: “Suncore Group v. 1660 1ST LLC,” “IndyMac Federal Bank FSB v. Parekh,” and “1901 Hennessy LLC v. Vicente.”
   
• June 16, 2020: One land use case “Matter of McCrory v. Village Of Mamaroneck,” and two landlord-tenant cases “Jones v. Ass'n for Rehabilitative Case Mgmt.,” and “1560 GC LLC v. Dunbar.”
   
• June 9, 2020: “Vargas v. 112 Suffolk St. Apt. Corp,” where the court held the landlord had to correct conditions in order to lift the vacate order on the tenant's premises.
   
• June 2, 2020: “CIT Bank N.A. v. Schiffman,” where a challenge to a bank's foreclosure notice and filing led to questions to the state's high court.
   
• May 26, 2020: “4 BAB LLC v. Beacon Health Options Inc,” where the court dismissed breach claim where the subject amendment did not negate the lease's early termination rights.
   
• May 19, 2020: “Matter of Watson, U.S. Bankruptcy Court,” where the landlord was found not subject to a code provision barring eviction for nonpayment of discharged rent, and “159 W. 23rd LLC v. Spa Ciel De NY Corp.,” where the landlord was granted summary judgment of possession for the tenant's incurable insurance defaults.
   
• May 12, 2020: Three landlord-tenant cases: “25 CPW City Views LLC v. Cohen,” “West 30th Realty LLC v. Castaldo,” and “Robertson v. Jones.”
   
• May 5, 2020: “City of N.Y. v. Tominovic,” “Matter of Callen v. New York City Loft Board,” and “CIT Bank N.A. v. Donnatin.”
   
• April 28, 2020: A Nassau County commercial landlord-tenant case “Morton Vill. Realty Co. v. Sleepy's;” a New York County administrative law case “156 W. 15th St. Chelsea LLC v. City of N.Y,” and a Bronx landlord-tenant case “Fieber Realty LLC v. Zamam.”
   
• April 21, 2020: “Surfair Equities Inc. v. Marin,” “6914 Ridge Blvd LLC v. Delao” and “W. 8th St. Assocs. LLC v. Ortiz.”
   
• April 14, 2020: A partition case, “Chasewood v. Kay,” and a commercial landlord-tenant case “Riverdale Realty Dev. v. EJM Rest. Corp.”
   
• April 7, 2020: “361 Broadway Assocs. Holdings v. Morales” where a sponsor was granted summary judgment on a breach of contract claim for the buyer's failure to close, and “Capmar Realty Corp. v. Novak” where the court dismissed the proceeding due to the landlord's failure to comply with 9 NYCRR §2204.3(c) filing deadline.
   
• March 31, 2020: “Tompkins 183 LLC v. Marsha Frankel,” and “U.S. Bank N.A. v. Haskins.”
   
• March 24, 2020: “Dunu v. 583 Riverside Dr.,” where the court dismissed the matter, not finding that the landlord's service of rent demand to be frivolous; and “Adirondack Wild v. New York State Dept. of Envtl. Conserv,” where a rational basis existed for the DEC's decision that motorized vehicles could be used in scenic river corridors.
   
• March 17, 2020: The condemnation case “Ferncliff Cemetery Ass'n v. Town of Greenburgh,” and two landlord-tenant cases “Garden City Park LLC v. Frog Hollow Props” and “Diaz v. Avalonbay Cmtys. Inc.”
   
• March 10, 2020: “Francis v. Kings Park Manor Inc.,” involving the issue of whether a landlord may be liable for intentionally discriminating against a tenant who complains about a racially hostile housing environment that is created by and leads to the arrest and conviction of another tenant and “2198 Cruger Assocs. v. Xhurreta” where a landlord failed to strictly comply with Real Property Actions and Proceedings Law requirements.
   
• March 3, 2020: Four Landlord-Tenant cases: “BH 431-433 Wythe Ave. v. Ramos;” “Maxwell Dev. LP v. Newkirk;” “Nazeer v. NYC Housing Auth,” and “Sassouni v. Adams.”
   
• February 25, 2020: “191 Realty Assocs. v. Tejeda,” “Oceanview Manor Home for Adults v. Vargas,'” and “N.Y.C. Hous. Auth. v. Scott,” and a brokerage case: “Bay Sun Realty v. Li.”
   
• February 18, 2020: “Karpen v. Castro,” “Wells Fargo Bank NA v. Ogando” and “Wilmington Sav. Fund Soc'y v. Heampstead Prop. Ventures II LLC.” 
   
• February 4, 2020: “Indig v. Village of Pomona,” where the village's Jewish residents stated a bias claim over code enforcement, and “Matter of AAGS Holdings,” where the failure to close by a certain hour on the time of the essence day did not terminate the purchase and sale agreement.
   
• January 28, 2020: “Matter of Dom Ben Realty,” where a loft board was held to have the power to review settlement agreements and exercise discretion to reject a proposed settlement; and “92nd Street Venture v. Corbett,” where the tenants failed to show the emotional commitment required for a succession defense.
   
• January 21, 2020: Three landlord-tenant cases: '“Fordham Fulton Realty v. De Leon,” “3510 Realty v. Matos,” and “JP 603 Linden Blvd. LLC v. Whiteman.”
   
• January 14, 2020: “Xiang Fu He v. Troon Management,” “261/271 Seaman Ave. LLC v. Jordaan,” and “Cuomo v. The East Williston Union Free School Dist.”
   
• January 7, 2020: Two landlord-tenant cases: “Maddicks v. Big City Properties,” and “Varley v. Elk.”
   
• December 17, 2019: “U.S. v. Lax,” where the court found the decedent's wife benefitted directly from a sham transactions to shield assets from the IRS. Also discussed is “N.Y.C. Hous. Auth. v. Various Tenants, Number II,” and “Zagorski v. Makarewicz.”
   
• December 10, 2019: Two commercial landlord-tenant cases: “151 Realty LLC v. Alava,” and “Milltex Distrib. LLC v. Cameron Stewart Inc,” and a foreclosure case: “NYCTL 1998-2 Trust v. Alanis Realty LLC.”
   
• December 3, 2019: “Village Green at Sayville v. Town of Islip,” and “JJ 201 LLC v. 201 E. 62nd Apt. Corp.”
   
• November 26, 2019: Two commercial landlord-tenant decisions: “Aerotek, Inc., Teksystems, Inc. v. MEPT 757 Third Avenue,” and “St. Luke's-Roosevelt Hosp. v. Westside Radiology Assocs.,” and a residential landlord-tenant decision “People's Home Improvement v. Kindig.”
   
• November 19, 2019: Two Landlord-Tenant cases: “Dugan v. London Terrace Gardens,” and “N.Y.C. Hous. Auth. v. Jones Jr.” 
   
• November 12, 2019: “Fresh Air for the Eastside Inc. v. Waste Management of New York,” where the plaintiffs plausibly alleged that a landfill's emissions were more than a mere annoyance; and “Garrasi v. Selene Finance,” where a borrowers' assignee was found not to be a “borrower” for purposes of standing to bring a RESPA claim.
   
• November 5, 2019: “Mill Street Partners v. City of Newburgh,” where a developer plausibly alleged that racial animus was the major factor in opposition to the project; and “Booston v. 36 W. Realty Co.,” where the court denied a “Yellowstone” Injunction based on the tenant's breach of the lease being found incurable.
   
• October 29, 2019: “Bd. of Managers, 28 Cliff St. Condo v. Maguire;” “Bay Sun Realty Inc. v. Li,” and “Westchester Plaza Holdings v. Sherwood.”
   
• October 22, 2019: Two landlord-tenant cases: “Yeshiva Chanoch Lenaar v. Lubavitch,” and “Che v. Sun.”
   
• October 15, 2019: “Akasa Holdings v. 214 Lafayette House,” “Fried v. Galindo,” “400 E58 Owner LLC v. Hernson,” and “Inwood Land Holdings Inc. v. State of N.Y.”
   
• October 8, 2019: “De La Fuente v. The Sherry Netherland Inc.” where the buyer failed to show the co-op rejected his application to purchase a cooperative apartment because he is Mexican-American.
   
• October 1, 2019: “Feliciano v. CoreLogic Rental Property Solutions,” where the court certified a class in a suit over credit report errors as to housing court case status.
   
• September 24, 2019: “Dilauro v. Johns,” a contracts case where a “time is of the essence” letter providing an additional 20 days was held legally sufficient; “2438 Realty v. Vasquez,” dealing with a nuisance holdover proceeding where the tenant was granted discovery as to information and video tapes which would show the alleged misconduct; and “258 E. 4th St. LLP v. Gibbs,” where a landlord was awarded possession after the court held it had demonstrated the apartment had been used for the sale of drugs.
   
• September 17, 2019: A contracts case “Vahdat v. Capdel,” a landlord-tenant case “Mayflower Props. v. Pacheco,” and a construction law case “Maple Drake Austell Owner v. D.F. Pray Inc.”
   
• September 10, 2019: “Kuzmich v. 50 Murray St. Acquisition,” where the Court of Appeals held that Real Property Tax Law §421-G apartments are not subject to luxury deregulation provisions of the Rent Stabilization Law; and “Paradise v. Wood,” where the buyer was entitled to cancel the contract for purchase of a co-op and return of the down payment.
   
• September 3, 2019: Landlord-tenant cases “Fieldstone Capital v. Ryan & Conlon LLP,” “56-11 94th St. Co. v. Jara,” and “Rockaway One Co. v. Alston,” and the foreclosure case “Deutsche Bank Nat'l Trust v. McDonnell.”
   
• August 27, 2019: “St. Christopher's Inc. v. Forgione,” where the court granted seller's motion to dismiss purchaser's counterclaims for, inter alia, breach of contract, fraud in the inducement, and implied covenant of good faith and fair dealing.
   
• August 20, 2019: “Gerard Fox Law v. Vortex Group,” “Olowofela v. Olowofela,” and “Board of Mgrs. of 150 E. 72nd St. Condominium v. Vitruvius Estates.”
   
• August 13, 2019: Two landlord-tenant cases: “699 Venture Corp. v. Zuniga,” and “Edelstein LLC v. Connelly.”
   
• August 6, 2019: “Matter of AIH Group v. C.J.F. & Sons,” which is of interest because the decision stated the conditions necessary to protect an adjoining property owner and many of these disputes—which have become very common in New York City—are resolved through negotiated agreements not available to the public. He also discusses the Landlord-Tenant case “186 Norfolk LLC v. Euvin,” and “Matter of Greentree Found. v. Mammin.”
   
• July 30, 2019: “DiLorenzo v. Windermere Owners,” a case of interest because even with the recently enacted rent legislation which permits rent increases based on individual apartment improvements, parties, lawyers and courts will still need to address issues involving the burden of proof, evidence and appellate review.
   
• July 23, 2019: “Omega SA v. 375 Canal,” a “novel” case where a watchmaker was awarded $1.1 million in damages against its landlord based on the landlord's contributory trademark infringement, and “Matter of C&B Realty #3,” where the BZA's denial of an off-street parking variance was annulled for lack of substantiated evidence.
   
• July 16, 2019: Scott discusses four landlord-tenant cases: “Warren LLC v. BBQ Chicken Don Alex Inc.,” “425 W. 153rd St. HDFC v. Brown,” “Sudimac v. Beck,” and “472-476 Columbus Ave. LLC v. Kretzu.”
   
• July 9, 2019: “Dynamic Energy Solutions LLC v. Pinney,” a land use case involving New York's anti-“SLAPP” statute, and “295 Broadway Realty v. Alqushi,” a commercial landlord-tenant case where the court found that a corporate agent did not have personal liability based on his signature.
   
• July 2, 2019: “Voron v. Bd. of Managers, Newswalk Condo,” where the court concluded that RPAPL §881 applies to 'real property' including condo units, and “Robinson v. Taube,” where the court found that the Administrative Code For harassment was inapplicable to the neighbor making loud noises.
   
• June 25, 2019: “Council of Churches Housing Dev. Fund Co. Inc. v. Arlington Housing Corp.,” where the litigation involved a dispute over the direction and control of a limited partnership that was formed to own and operate a real estate investment, and “207-209 W. 107th St. LLC v. Doe,” a Landlord-Tenant case where the court found the tenant did not “commercialize the premises” with Airbnb activity.
   
• June 18, 2019: “Allen v. Powers,' where a claim for private nuisance against a neighbor survived a motion to dismiss; and “Citibank v. Conti-Scheurer,” a foreclosure case where the court addressed the evidence required to establish prima facie compliance—and non-compliance—with RPAPL 1304.
   
• June 11, 2019: “Segev v. 262 N 9 LLC,” dealing with a condominium boards' right of first refusal, and “Tres Realty LLC v. Yu,” where immigration status was found to be not dispositive in determining a family member's succession rights.
   
• June 4, 2019: “Bank of New York Mellon v. Gordon,” where the Appellate Division, Second Department addressed foundation issues involving business records evidence in light of the “unprecedented spike” in foreclosure actions after the 2008 financial crises.
   
• May 28, 2019: “Hernandez-Ortiz v 2 Gold, LLC”; “Westside Partners v. Ross,” and “Bedford Oak LLC. v. Hernandez.”
   
• May 21, 2019: “Francis v. Kings Park Manor Inc.,” which dealt with a landlord's potential liability for a hostile living environment created by tenant-on-tenant racial discrimination.
   
• May 14, 2019: “Kostro v. NYS Div. of Housing and Community Renewal,” “BPP ST Owner LLC v Nichols,” and “711 Seagirt Ave. Holdings v. Harris.”
   
• May 7, 2019: “Bank of New York Mellon v. Dieudonne,” a case of first impression where the court held that de-acceleration of debt maturity is not a condition precedent to the acceleration of the mortgage, and “14th St. Owner LLC v. Westside Donut 6th Ave. Ventures LLC,” where the court held that a defendant that vacates the premises unilaterally and without consent continues to owe rent.
   
• April 30, 2019: “Eastside Floor Supplies LTD v. Torres-Springer,” where the plaintiffs were not entitled to property that the city acquired via eminent domain, and “1606 First Realty v. Baltimore Rest. Inc.,” where a tenant showed entitlement to using a sidewalk hatch door as an appurtenance to the leased space.
   
• April 23, 2019: “John T Walsh Enterprises LLC v. Grace Christian Church,” where the court cites Religious Corporations Law §12(9) to find a mortgage invalid.
   
• April 16, 2019: “28th Highline Assocs. LLC v. Roache” and “206 West 80th Street LLC v. Julianna Morgan.”
   
• April 9, 2019: “Douglas Elliman v. Firefly Entm't,” where a brokerage's email with firms representing a celebrity was deemed an 'agreement to agree'; and “116 Waverly Place LLC v. Spruce 116 Waverly LLC,”  where the court granted summary judgment to building sellers.
   
• April 2, 2019: “Matter of JNPJ Tenth Ave. LLC v. Dep't of Bldgs,” where a landlord's challenge to its liability for tenant's Airbnb use of the apartment was rejected because the landlord, with reasonable diligence, could have discovered the tenant's intent to sublet her apartment to transient users; and “Queens Neighborhood United v. N.Y.C. Dep't of Bldgs,” where a preliminary injunction to stop ongoing construction was denied because the petitioners failed to exhaust all remedies.
   
• March 26, 2019: “Salzberg v. Sena,” where the defendants were granted $50,250 in damages for plaintiffs' unlawful tree removal and trespass; and “Vernon Manor Co-op Apts. v. Brisport,” where the tenant didn't have to pay a disproportionate late fee.
   
• March 19, 2019: “Weng v. Zhao;” “N.Y.C. Hous. Auth. v. Joseph; Rossman;” v. “Windermere Owners,” and “Smith v. Okopomo.”
   
• March 12, 2019: “NRP Holdings LLC v. City of Buffalo,” “Sam & Joseph Sasson v. Guy,” and “Vale Partners LLC v. Partlow.”
   
• March 5, 2019: “Matter of Sanitation Garage v. Brooklyn District 3 & 3A,” “Bedik Corp. v Herrick Rd. Holdings,” and “58 Elizabeth NY LCC v. Ho Wou Bake Shoppe.”
   
• February 26, 2019: “U.S. v. New York City Housing Authority,” where a consent decree reforming NYCHA was rejected by the court and held to be not fair, reasonable or in the public interest; and “Hoffman v. Village of Larchmont,” where the Village was denied dismissal of its tortious interference with contract claim.
   
• February 19, 2019: “Riverwalk on the Hudson v. Culliton,” “Comm. United to Protect Theodore Roosevelt Park v. City of N.Y.,” and “Sokolow v. Neumann-Werth.”
   
• February 12, 2019: “25-35 Bridge St. LLC v. Excel Auto. Tech Ctr. Inc.,” a commercial landlord-tenant case where the court denied equitable relief where the tenant failed to timely exercise the option to purchase; and “Maxwell Dev. v. France,” where the tenant’s affirmative misconduct warranted reduction of abatement.
   
• February 5, 2019: “245 East 30th Street v. Alarcon,” where a rent-controlled apartment was given back to the landlord after it was found that it was not the tenant’s primary residence; and “Freeman v. City of N.Y.” where a claim based on an implied contract for the purchase of city-owned properties was dismissed.
   
• January 29, 2019: “Matter of Peyton v. NYC Bd. of Standards and Appeals,” where the court held that an apartment tower’s roof garden could not be included in the open space ratio mandate embodied in the NYC zoning resolution.
   
• January 22, 2019: “225 Huguenot St. Corp. v. Rwechungura,” and “de Socio v. 136 E. 56th St. Owners.”
   
• January 15, 2019: “Vizel v. Vitale,” where a lease option to renew was found to be missing an essential element and therefore was held void and unenforceable; and “ABJ Milano LLC v. Howell,” where the respondent was determined to be a rent-stabilized tenant, not a licensee.
   
• January 8, 2019: Three landlord-tenant cases: “U.S. v. 111 E. 88th Partners,” involving an apartment building’s no-dog rule where the landlord’s attorney was seen as a co-decisionmaker as to permission for the tenant to have a support dog thus waving the privilege; “Cashew Holdings v. Thorpe-Poyser,” where the court held the landlord may not collect rent when the building lacked a certificate of occupancy, and “WFCC Realty v. Lin,” where it was held that landlords must still establish substantial rehabilitation by adequate documentation even though such requirements were relaxed under DHCR’s Operational Bulletin 95-2.
   
• December 31, 2018: “OneWest Bank N.A. v. FMCDH Realty,” where the court held a reverse mortgage’s CAA was never a negotiable instrument and the bank was not a holder in due course.
   
• December 24, 2018: “Trust v. Roskell,” where the court found issues of fact to exist as to whether property owners have a matured prescriptive easement.
   
• December 18, 2018: “Board of Managers of 184 Thompson Street Condominium v. 184 Thompson Street Owner,” a condominium conversion case involving the adequacy of a reserve fund; and “Matter of Partman v. NYSDHCR,” where the tenant was granted reversal of DHCR’s decision granting owner MCI rent increases.
   
• December 11, 2018: “Matter of Real Estate Bd. of N.Y. v. City of New York,” where the court upheld NY Local law No. 50 which limits conversions of some Manhattan hotels, and “560-568 Audubon Tenants Ass’n v. 560-568 Audubon Realty,” where the court found DHCR better suited to resolve overcharge rent regulation claims.
   
• December 4, 2018: “Via Port New York v. Sears,” where the court held that Sears did not breach its lease terms or contract when it closed its mall store; and “Forest Enter. Mgmt. Inc. v. The county of Warren,” an eminent domain action, where the county incurred an independent obligation to pay just compensation.
   
• November 27, 2018: “273 Lee Avenue Tenants Ass’n v. Steinmentz,” where issues of fact existed as to whether the landlord’s actions were motivated by discrimination; and “Matter of Healy v. Town of Hempstead Bd. of Appeals,” where a board of appeals’ SEQRA declaration was found fatally flawed, vacating the board’s determinations.
   
• November 20, 2018: “Milone v. US Bank Nat’l Ass’n,” where the court held notice did not establish the bank’s standing to de-accelerate the prior mortgage payment demand, and “Webster Ave. Holdings v. Pough,” where the tenant was awarded partial summary judgment on a laches defense.
   
• November 13, 2018: Three cases: the landlord-tenant case “Morris v. Morris,” where the court found that a familial relationship required dismissal of the licensee proceeding and that an adoptive or biological relationship is irrelevant; “101 W. Owner I LLC v. 715-723 Sixth Ave. Owners Corp.,” which involved a special proceeding to confirm an appraisal award arising from a rent reset proceeding, and “Plotch v. Wells Fargo Bank,” where the court rejected the plaintiff’s claim that he lacked notice based on the notary’s illegible signature.
   
• November 6, 2018: Two Land Use cases: “Churches United for Fair Housing, Inc. v. DeBlasio,” where the court held that municipalities are not obligated to conduct racial impact studies when they rezone property; and “LuxuryBeachfrontGetaway.com, Inc. v. Town of Riverhead,” where in a lawsuit over town law, rental properties were properly found not to be ‘dwellings’ under FHA.
   
• October 30, 2018: Three landlord-tenant cases: “525 Delaware LLC v. Krush,” “498 W. End Ave. LLC v. Reynolds,” and “Matter of Garcia.”
   
• October 23, 2018: The adverse possession case “Children’s Magical Garden v. Norfolk St. Dev.,” and the landlord-tenant case “3175 GC LLC v. Basey-Goodison.”
   
• October 16, 2018: “Cruz v. Seward Park Housing Corp.,” where the court addressed reasonable attorney fees, stating that in this case, $464,164 in legal fees could be viewed as “shocking and disturbing—highway robbery without a six gun.”
   
• October 9, 2018: Three landlord-tenant cases: “Landucci v. de la Rosa,” “Edwards v. N.Y.C. Hous. Auth.,” and “Capital 155 E. 55th v. Garden House School of N.Y.”
   
• October 2, 2018: The adverse possession case “Yee v. Panousopoulos,” the landlord-tenant case, “Matter of Tejada,” and the foreclosure case “Courchevel 1850 LLC v. Stern.”
   
• September 25, 2018: “Matter of Stahl York Ave. Co. v. City of New York,” where it was held that a buildings’ inclusion in FAE landmark designation was not an unconstitutional taking.
   
• September 18, 2018: “Sanjana v. King,” where the sellers were entitled to keep the deposit where the buyers failed to obtain a mortgage commitment and timely cancel the contract; “230 E. 48th St. LLC v. Campisi,” where the court found that by renting her stabilized apartment through Airbnb, the tenant “commercialized her apartment” and treated it as a de facto hotel; and “E. Midtown Plaza Hous. Co. v. Gamble,” where the landlord established entitlement to summary judgment of possession of the subject apartment based on illegal use of the premises.
   
• September 11, 2018: Two landlord-tenant cases: “Park N. Realty v. Cheik,” where the court dismissed a claim for possessory judgment based on laches, and “Matter of Sung v. Jiha,” where tenants defeated NYC Department of Finance’s effort to recoup DRIE credits.
   
• September 4, 2018: Two commercial landlord-tenant cases: “325 E. 14th St. Corp. v. Marie France Realty,” where neither party was a “prevailing party”; and “D’Jesus Rest. Corp. v. 1133 Boston Rd. LLC,” where the court held that the landlord did not tortiously interfered with tenant’s sale of her restaurant.
   
• August 28, 2018: “Pastreich v. Pastreich,” where the plaintiff was required to pay a “modest shortfall” in addition to substituted properties to a trust in order to regain title to a building, and “Rosen Associates v. Suburban Props.” where the court held that a real estate broker was not entitled to commission on a lease with which it was not involved.
   
• August 21, 2018: “Stavinsky v. Prof-2013-S3 Legal Title Trust by U.S.,” a foreclosure auction case where the court held that sale terms required the assignee of the winning bidder to pay the prior tenants’ maintenance arrears; and “Hua Hong Industrial v. Diaz” where the landlord was held to have violated AC §27-2005(d) by commencing baseless proceedings against the tenant.
   
• August 14, 2018: “Priceman Family, LLC v. Kerrigan,” where the court held that smoking inside one’s apartment was found not prohibited by the lease and did not constitute nuisance; and “Zucker v. HSBC Bank,” where a loan and mortgage modification agreement restarted the statute of limitations on a mortgage debt.
   
• August 7, 2018: Two landlord-tenant cases: “Alston v. Starrett City Inc.” and “Brookdale Vill. Hous. Corp. v. Garcia,” and the land use case “Matter of De Francesco v. Perlmutter.”
   
• July 31, 2018: “Luce v. Fleck,” where an engagement ring was held to be a conditional gift entitling ex-fiance to have the ring returned or the value of the ring; and “OLR ECW LP v. De Abreud,” where a tenant’s refusal to recertify and cure the default granted the landlord summary judgment.
   
• July 24, 2018: Two commercial landlord-tenant cases: “154-7th Ave. Chelsea, Inc. v. Ballaghaderreen,” and “Franpearl v. Orenstein,” and an Article 78 case “The Grand 73 LLC v. N.Y.C. Hous. Pres. & Dev.”
   
• July 17, 2018: “Bistro Shop and Penny Bradley v. N.Y. Park N. Salem, Inc.,” where a commercial restaurant tenant was found entitled to rescission where the owner was still doing construction work almost a decade After commencement of the lease.
   
• July 10, 2018: The brokerage case “106 N. Broadway LLC v. Houlihan Lawrence” dealing with fiduciary duties, and the landlord-tenant case “Faber v. Loft 14 Condominium” where a tenant thwarted the landlord’s efforts to abate violations.
   
• June 26, 2018: “Cohoes Hous. Auth. v. Doe,” where an eviction was found to be a “grossly disproportionate consequence,” in light of sensitive circumstances; and “Paige v. New York City Housing Authority,” where the court cited “appalling bureaucratic malfeasance” where it was found that NYCHA failed to conduct lead paint inspections and remediation.
   
• June 19, 2018: The land use case “Brooklyn Ass’n v. N.Y.S. Urban Dev.,” where an Article 78 proceeding challenging the Brooklyn Pier 6 Project was dismissed, and a landlord-tenant case “N.Y.C. Hous. Auth. v. Various Tenants,” where sanctions were imposed on NYCHA for wrongfully suing tenants based on “overlapping rent claims.”
   
• June 12, 2018: “Saunders Ventures v. Morrow,” “Estate of Parisi,” and “In re Jian Min Lei v. NYC Department of Housing Preservation and Development.”
   
• June 5, 2018: Two landlord-tenant cases: “DD 11th Ave. LLC v. Sans,” a fraud case, where a tenant obtained a low-income apartment by understating his income, and “Matter of Jourdain v. N.Y.S. Div. of Housing & Cmty. Renewal” dealing with succession rights.
   
• May 29, 2018: “159 MP Corp. v. Redbridge Bedford,” which involved an appeal by commercial tenants in an action for a judgment declaring that two long term commercial leases are in full force and effect and that the tenants are not in violation of their obligations under the leases. A trial court had denied their motion for a Yellowstone injunction…and granted the landlord’s cross motion for summary judgment dismissing the complaint.
   
• May 22, 2018: Two landlord-tenant cases: “N.Y.C. Hous. Auth. v. Gilbert” and “People v. McCullum.”
   
• May 15, 2018: “NRT New York v. Spell,” where an arbitration award denying a brokerage commission was vacated as being arbitrary and violative of public policy.
   
• May 9, 2018: The landlord-tenant case “West Village Houses Renters Union v. WVH Housing Development Fund,” and the environmental law case “U.S. v. Whitehill.”
   
• May 1, 2018: Three landlord-tenant cases: “Champagne v. Piller,” “W. Haverstraw Pres. v. Diaz,” and “Kuzmich v. 50 Murray St. Acquisition.”
   
• April 24, 2018: “Madison Sullivan Partners v. PMG Sullivan St.” where a complaint alleging mismanagement of real estate development was dismissed based on exculpatory clauses in the operating agreements, and “Lorenz v. Soares,” an adverse possession case where a motion to amend the complaint to add a cause of action “for precise location” was dismissed.
   
• April 17, 2018: “Emigrant Bank v. Rosabianca,” where the court found no meritorious defense to a foreclosure action.
   
• April 10, 2018: “Ambase Corp. v. 111 W. 57th Sponsor LLC,” a case which illustrates the importance of carefully negotiating the terms of joint venture agreements.
   
• April 3, 2018: Three cases: “Cambridge Leasing Prop. v. Ortega,” “Mogul Media Inc. v. City of New York,” and “74-78 Post Ave. Heights Assoc. v. Reyes.”
   
• March 27, 2018: “884 Madison Street LLC v. Aurello and Tsivicos,” where the court found the subject premises were not subject to rent stabilization because the petitioner established by a preponderance of the evidence that a substantial rehabilitation of the building had been performed, and “Matter of O’Connor and Sons Home Improvement v. Acevedo,” where a Zoning Board of Appeals’ denial of variances was annulled.
   
• March 20, 2018: “Matter of Adirondack Tri-County Nursing & Rehab. Ctr.,” and “Matter of Prometheus Realty v. New York City Water Board.”
   
• March 6, 2018: Three landlord-tenant cases: “Klaynberg v. Dibrienza,” “Second Lenox Terr. Assn v. Washington,” and “Feldheim v. Stuckey.”
   
• February 27, 2018: The landlord-tenant/nuisance case “Strata Realty Corp. v. Pena,” where the tenant had a long history of making complaints and therefore a notice to cure was not required where it would have been “a futile act,” and “Matter of Save America’s Clocks Inc. v. City of New York,” where the appellate court ruled on the proposed conversion of an interior landmark into a private residence.
   
• February 20, 2018: “Weiss v. Phillips,” where the court held that a mortgagee’s interest was not voided because the mortgagors had acquired the property by fraud.
   
• February 13, 2018: “92 Cooper Assn. v. Roughton-Hester,” “BR 31 LLC v. Landess,” and “Matter of New Creek Bluebelt, Phase 3, Baycrest Manor Inc. v. City of New York.”
   
• February 6, 2018: “Fleetwood Commons Inc. v. Fredericks,” where the court held under the business judgment rule that a co-op board’s determination to terminate the proprietary lease was within the scope of its authority, and “90 Elizabeth Apt. v. Eng,” a landlord-tenant case where the court found for the tenant, holding that unlike under rent stabilization, an occupant entitled to succession to a rent-controlled tenancy has no affirmative obligation to do anything to assert his or her claim.
   
• January 30, 2018: Two landlord-tenant cases: “Wheeler Ave. Laundry v. Modern Yonkers Realty,” and “Pinchback v. Foreman.”
   
• January 23, 2018: “Free People of PA LLC v. Delshah 60 Ninth LLC,” a commercial landlord-tenant case stemming from a landlord delivering premises approximately one year late. Neither side was a prevailing party.
   
• January 16, 2018: “Lumiram Dev. v. Empire State Crossfit,” and the land-use case “Committee for a Sustainable Waterfront v. Planning Board of The City of Glen Cove.”
   
• January 9, 2018: “The Art Factory v. 740-748 Hicks Realty,” where a tenant asserted the landlord failed to cooperate to legalize the building. The court found that the tenant failed to meet the criteria for a CPLR 6301 preliminary injunction.
   
• January 2, 2018: “Matter of the Home of The Sages of Israel,” a case that illustrates the types of disputes which are occurring throughout the country among factions of religious congregations with respect to proposed sales of congregational properties.
   
• December 19, 2017: “Motta v. Sheehan,” a landlord-tenant case where the court restored the petitioner to possession of the premises after the receiver illegally evicted her without a judgment of possession and warrant of eviction.
   
• December 12, 2017: “S.B.H. Realty v. Santana,” where the court held that a defective predicate notice cannot serve as a basis for a holdover suit, and “O’Reilly v. Incorporated Village of Rockville Centre,” where the court, noting strong community opposition, granted the enforcement of a village’s moratorium.
   
• December 5, 2017: “Divya Dham Sevashram Sangha v. Gita Temple-Ashram,” a case of interest since so many religious institutions have elected to sell their properties because they cannot afford to operate, repair and maintain them and these organizations often need the sale of proceeds in order to continue and expand their religious mission.
   
• November 28, 2017: “Matter of the Application of the City of N.Y.,” a case of interest given the importance of the “project influence rule” and the proliferation of developments which utilized transfers of air rights.
   
• November 21, 2017: “418 West 130 Street,” and “1035 Washington Realty v. Weston.”
   
• November 14, 2017: “Gennarelli v. Cherkovsky, Elton Owner v. Payne, and Zandieh v. Polkosnik.”
   
• November 7, 2017: “Primer Construction v. Empire City Subway Company,” a construction case where a contractor sued a utility company to recover the costs of construction and “Hudson City Savings Bank v. Woodard,” dealing with a residential foreclosure action.
   
• October 31, 2017: “Jovic v. Blue,” “Liev v. Jones,” “Ciampa Bell v. Han,” and “Leonard H. Shapiro Revocable Living Trust v. Achenbaum.”
   
• October 24, 2017: “Nick and Duke v. New York Housing Preservation,” where it was held that a housing agency’s failure to ensure notice constituted a Due Process Claim.
   
• October 17, 2017: “Hahn v. Hagar” where the court held that development rights are considered ‘real property’ under RPAPL §1602; but that the plaintiffs failed to establish their entitlement to relief pursuant to that statute, and “Bodenstab v. Saint-Gobain Performance Plastics Corp,” which involved 16 consolidated cases arising from the contamination of groundwater.
   
• October 10, 2017: “Pelham 1130 v. Cause” and “Cece & Cov. U.S. Bank.”
   
• October 3, 2017: “36 East 20th Str. Realty v. Parea Group,” where a landlord’s knowledge of its tenant’s installation flagpole led to the dismissal of an eviction proceeding, and “Westbury Senior Living v. Clements,” where the court held that the assisted care facility at issue could not use a special proceeding to sue guarantors.
   
• September 26, 2017: “New Whitehall Apartments v. S.A.V. Associates,” “884 Riverside v. Zelaya,” “659 Ocean Realty v. Tuckett,” and “Wilmington Trust v. Morgan Stanley.”
   
• September 21, 2017: Three cases “161 Holding v. Goris,” “Herrmann v. Coletti,” and “90 Elizabeth Apt. LLC v. Eng.”
   
• September 13, 2017: “Omabegho v. The Corcoran Group,” where the court held that a broker has no duty to investigate, but if he has information about a tenant’s poor history, he has a duty to fully disclose it; and “Islamic Comm. Center for Mid Westchester v. City of Yonkers Landmark Preservation Board,” where the court ruled that an as-applied challenge to a landmark resolution was not ripe for adjudication.
   
• September 5, 2017: “Greene v. Carson,” where HUD was only partly granted judgment in an action over denial of continued Section 8 subsidy and “Capital One v. Karp,” where application of the doctrine of equitable mortgages warranted permitting reformation of CEMA.
   
• August 29, 2017: “Lavi v. Assa,” where a temporary receiver was appointed, as plaintiff might have lost equity interest in the subject property.
   
• August 22, 2017: “221 Middle Neck Owners Corp. v. Paris,” where the subject petition was held to satisfy RPAPL §741 as it stated a claim for a summary holdover for violating the lease, and “Lana v. Monroe,” where a tenant’s diligent effort to secure funding to pay arrears warranted restoring her possession.
   
• August 15, 2017: “Portofino Realty Corp. v. N.Y. State Division of Housing,” where the court held that the creation of the Tenant Protection Unit does not deprive landlords of Due Process.
   
• August 8, 2017: “Taylor v. 72A Realty Assoc.,” involving a tenant’s allegations of fraud over apartment improvements for an apartment that was improperly deregulated, and “Statler v. Dioguardi,” involving a Yellowstone injunction and constructive eviction allegations.
   
• August 1, 2017: Three landlord-tenant cases—“408 St. John’s Place v. Estate of Bartholomew,” “The Grove v. Suquilanda,” and “Prospect Union Associates v. DeJesus,” and a Toxic Substances Control Act case— “USA v. Accolade Construction Group.”
   
• July 25, 2017: “Reinhard v. Connaught Tower Corp.,” where a judgment of liability against a co-op board based on second-hand smoke was reversed by the Appellate Division which found that the source of smoke was never identified and the plaintiff only stayed in the apartment occasionally, and “One Eighteen Housing Development Fund v. Smith,” where a holdover petition failed to state causes of action under two of three lease sections.
   
• July 18, 2017: “541 Union v. Rivera,” where a tenant was awarded succession of tenancy where he was able to prove he was a “non-traditional” family member, and “279 E 92nd Street Corp. v. Grose,” where the landlord failed to show a default so unjustified as to warrant a finding of violation of tenancy.
   
• July 12, 2017: “159-MP Corp. v. CAB Bedford,” where the plaintiff/lessor of a Food Town grocery store failed to get an injunction against the landlord of a Whole Foods store opening up nearby.
   
• July 3, 2017: “Oren Apartments v. Torres,” where a split authority on deregulation was resolved, and '415 Realty v. Abel Campos,” where a defendant wife succeeded to tenancy when it was found that the landlord was aware that the husband had permanently vacated the premises.
• June 28, 2017: “Lorne v. 50 Madison Avenue Condominium,” where the court held that a condo board was not responsible for repairs to structural defects in the plaintiff’s unit.

• June 20, 2017: “Coliseum Tenants v. Benmark,” where the petitioner's holdover proceeding for lease violation was dismissed because petitioner failed to prove that alterations to the respondent’s co-op had been done without board approval, and “364 93rd Street LLC v. Clementine,” where a landlord was awarded judgment of possession due to tenant's harassing conduct which the court found constituted nuisance.

• June 13, 2017: “Goldstein v. Lipetz,” a landlord-tenant case where although the majority found the defendant had "exploited the governmentally-conferred privilege of her rent-stabilized tenancy" by profiting from subletting her apartment through the company Airbnb, the dissent argued that "there is a question of fact as to whether defendant engaged in profiteering, or rather used Airbnb to enable herself to continue to live in her long time home, which would not be inconsistent with the purposes of the Rent Stabilization Law."

• June 6, 2017: “Building Service Local 32B-J v. 101 Limited Partnership,” 'Rent Stabilization Assoc. v. N.Y. City Rent Guidelines Board,” and 'Bank of America v. Lilly.”

• May 30, 2017: “Hendel v. Torah,” where the court found that the subject tenants no longer maintained a right of first refusal in their lease as month-to-month tenants, and 'Royal Park Investments v. HSBC Bank,” where the court denied the use of sampling of loans to prove liability.

• May 23, 2017: “Rinaldi v. Anchorage Construction,” where the court granted a non-party's motion to intervene in a breach of contract action.

• May 16, 2017: “Hagman v. Swenson,” dealing with an interior design contract viewed as a ‘mixed' transaction of a sale of goods and sale of services, and ‘River Park Residences v. Reed,” where the court denied a motion seeking an order restoring tenants to possession of premises.

• May 9, 2017: “2 Perlman Drive v. Stevens,” where the court denied the landlord's motion for possession, without prejudice, where the tenant refused access to exterminate for bedbugs, and "Chatham Square Owners v. Roth," where a landlord's holdover proceeding based on respondent's status as a licensee was dismissed.

• May 2, 2017: “7825 Realty Associates v. Doll,” where the respondent’s succession claim was rejected because the court did not find evidence that he was a non-traditional family member, and “CP JBAM Holdings v. Shapiro,” a contract case where it was held that the agent for the principal was not liable for the owner's obligations under the agreement.

• April 25, 2017: “Horrigan Development v. Drozd,” 'Jit v. Johnson' and '21-25 Convent Avenue Realty v. Semper.”

• April 18, 2017: Three landlord-tenant cases: “H.W. Hinkley Realty v. Romulus,” “121 Irving MGM v. Perez," and “Roc-Jane Street v. Riffon.”

• April 11, 2017: “204 Columbia Heights v. Manheim,” where a lease combining apartments was held to be valid.

• April 4, 2017: “149 St. LLC v. Siciliano,” 'Boreland v. Blackwood,” and '5510 345 Lefferts Blvd v. Jean-Baptiste.”

• March 28, 2017: “Kwai & Wong v. Hodges,” where a single fire incident by a tenant in the premises did not constitute a nuisance, and “Bartis v. Harbor Tech,” where it was held that housing accommodations that are in a building converted from a commercial to a residential building after Jan. 1, 1974, are exempt from rent stabilization.

• March 21, 2017: “Miller v. Falco,” where an unlicensed home improvement contractor was held not able to recover on claims for breach of contract, quantum meruit or unjust enrichment, and “Estrada v. Browand,”where a tenant was restored possession of the subject apartment after the landlord's actions where held to constitute an illegal lockout.

• March 14, 2017: “Rehabilitation Support Services v. Town of Esopus,' where a zoning board's finding was held not to constitute a final decision on the proposed residence at issue.

• March 8, 2017: “11-01 36 Avenue v. Quamar,” dealing with time-of-essence letters, and “Roger Morris Apt. v. Varela,” where a factual dispute barred summary judgment.

• February 28, 2017: “Klyczek v. Shannon,” a civil rights case dealing with discrimination and the definition of "single-family house” under the Fair Housing Act.

• February 21, 2017: “WDF v. The Trustees of Columbia Univ.,” where the court held that "no damage for delay” clauses are generally enforceable, while also discussing the exceptions to this rule.

• February 14, 2017: “Matter of Peralta v. N.Y. State Division of Housing and Community Renewal,” where a deputy commissioner's determination was held to be an abuse of discretion, and “Hildred Temple v. Hudson View Owners,” where the court dismissed disabled plaintiffs' complaint alleging entitlement to two parking spaces.

• February 7, 2017: “Schroder & Strom v. Vazouras,” where the court found that the mere filing and settling of tax assessment claims was not the practice of law, and “'Rios v. Rosado,” where tenants were granted disclosure beyond the four-year look back period in a nonpayment suit.

• January 31, 2017: “Pureform v. 2374 Concourse Assoc.,” where a commercial tenant who was able to show an ability to cure its defaults was granted a Yellowstone injunction, and “Matter of Brown, HP,” where the court denied a motion to appoint an Article 7A administrator.

• January 24, 2017: “Waterview Towers v. 2610 Cropsey Development,” where a cooperative housing corporation was held to have established the required elements of adverse possession.

• January 17, 2017: “Goldman v. Bracker,” where a tenant was granted additional time to view video surveillance tapes in a non-primary residence case, and “St. Joseph Immigrant Home v. Bulong,” where the duration of the tenants' efforts to relocate was held to be not unreasonable.

• January 11, 2017: “Garson v. Tarmy,” where an easement reserved to owners of dominant lots was held not to have created an express easement , and “Westbeth v. Gross,” where it was held that the respondent in the case could not occupy the subject premises in an individual capacity.

• January 3, 2017: “Skanska USA Building v. Atlantic Yards B2 Owner, LLC,” where a “guarantee” posted by a high-rise's builder was found to meet Lien Law §5's “undertaking” requirement.

• December 28, 2016: “Metro Sixteen Hotel v. Davis,” where a tenant was permanently enjoined from filing further lawsuits without court approval, and “Partita Partners v. USA,” where a $4 million deduction based on a preservation easement was held not authorized under §170(h)(4)(B).

• December 21, 2016: “Hamilton 65th Partners v. Smallbone,” where a landlord was judicially estopped from seeking holdover rent, and “700 Bklyn Realty v. Forsythe,” where a tenant who established a colorable claim of fraud and was granted discovery beyond the usual four-year look-back period.

• December 13, 2016: “Matter of Village of South Blooming Grove v. Village of Kiryas Joel Board of Trustees,” where the court upheld Kiryas Joel's annexation of 164 acres from the town of Monroe.

• December 6, 2016: “Aponte v. N.Y. City Housing Authority,” where tenants were granted a directed verdict on NYCHA's liability in failing to eradicate a bedbug issue.

• November 29, 2016: “Pfeffer v. N.Y. City Depart. of Finance,” where class certification granted in ADA suit over rent freeze program's administration by agency; and “Houdek Real Estate Co. v. Bayport Postal Realty,” where a landowner's adverse possession claim failed, but its prescriptive easement assertion was allowed to proceed.

• November 22, 2016: “Dolomite Products v. Town of Ballston,” where a challenge to a zoning decision was held not 'ripe' because the final decision on the underlying project was never issued.

• November 15, 2016: “Old Country Road Realty v. Zisholtz & Zisholtz,” where the court rejected a tenant's claim of five percent late fee as usurious, granting the landlord summary judgment; and “Women in Need, Inc. v. Allen,” where the respondent was granted vacatur of judgment in a non-payment proceeding.

• November 8, 2016: “East Village Re Holdings v. McGowan,” “City Club v. Park Trust,” and “NSA 2015 Owner v. Frederick.”

• November 1, 2016: “Thurston v. Sisca,” “Morgan Stanley Mtge. Loan Trust v. Morgan Stanley Mtge. Capital Holdings,” and “Cushman & Wakefield of Connecticut v. Access Private Duty Services.”

• October 25, 2016: “RSP 100 Property LLC v. Brant,” where nuisance allegations made to justify terminating a landlord/tenant relationship were held unproven; and “Deutsche Bank v. Flagstar Capital Mkts,” where the court held that a 2015 Court of Appeals ruling mandated dismissal of a 2014 breach action as time-barred.

• October 18, 2016: Three landlord-tenant cases: “Pena v. Lockenwitz,” “ROC Century Associates v. Papavasiliou,” and “1120 Bergen Street v. Beckford.”

• October 11, 2016: Cases involving the fiduciary duty owed by tenants-in-common, the requirements of a notice of non renewal based on a landlord's assertion he was recovering the subject apartment "for the use and occupancy of himself and his immediate family," and the impact of a subsequent amendment to a land use code during an appeal.

• October 4, 2016: “Garry v. Ryan & Henderson, P.C.,” where the court found issues of fact existing as to whether a landlord promptly repaired premises' parking garage; and “Matter of City of New York v. 2305-07 Third Ave., LLC,” where an EDPL Article 4 Eminent Domain Proceeding for certain Harlem parcels was held timely brought by the city.

• September 27, 2016: “Congel v. Malfitano,” where the court dealt with determining the value of a partnership interest post dissolution; and “Colleen & John Austin v. Town of Farmington,” where a fair housing claim was revived in a property restoration suit.

• September 20, 2016: “Graham v. 420 East 72nd Tenants Corp.,” '“729 Prospect Realty Service Corp. v. Rodriguez,” and “Fuller v. 79 Hamilton Place Housing.”

• September 14, 2016: “Jack Kelly Partners v. Zegelstein,” where the Appellate Division ruled on issues of fact as to frustration of purpose, recission and breach of contract.

• September 7, 2016: “N.Y. City Construction v. Morgenstern Bros. Realty,” where the court granted tenant a Yellowstone injunction, finding the landlord’s assertions “speculative"; and “Oceanview Manor Home for Adults v. Vargas,” where the Housing Court was found to have jurisdiction over the termination of an SSL facility resident.

• August 30, 2016: “Roger Morris Apt. Corp. v. Varela,” where a factual dispute barred summary judgment and failure to show 'ample need' led to a denial of discovery; and “Matter of Shilian v. All Sons Electric Corp,”where a contractor showed good cause to allow the court to extend a mechanics' lien nunc pro tunc.

• August 23, 2016: Three landlord-tenant cases: “Git Leb, LLC v. Golphin,” “IA2 Service LLC v. Quinapanta,” and “135 W. 13, LLC v. Judith Stolerman,” and a contract case, “Wang v. Martinez.”

• August 16, 2016: “Kosciuszko Plaza v. N.Y. City Department of Housing Preservation and Development,” where an owner's petition challenging HPD's denial of J-51 tax benefit application was held time-barred, and “61 West 37th Street LLC v. Senevi,” where a landlord was held not to be entitled to an assignment fee.

• August 9, 2016: Recent cases, including one where a co-op requested its insurer pay for structural work needed to bring the building into compliance with codes, asserting that because the need for those repairs was discovered during water damage remediation, which was covered, the structural work should be covered by the policy's “Blanket Ordinance or Law Coverage Endorsement.”

• August 2, 2016: “Chateau Owners Corp. v. Monahan,” where a co-op sought to terminate a tenant's lease because the tenant had allegedly made plumbing modifications without the co-op's permission; and 'Green Tree Servicing v. Christodoulakis,” where prejudgment interest was awarded on an unjust enrichment claim.

• July 26, 2016: “Kimso Apartments v. Mateo,” where a landlord failed to establish that harboring pit bulls was a “hazardous act”; and “Tomic v. 92 East LLC,” where plaintiffs failed to demonstrate that the current owner knew that the prior owner unlawfully deregulated the apartment.

• July 20, 2016: “805 Car Wash v. Lichter,” where a lease's proposed assignee was held to lack standing to assert a claim against the landlord of a car wash over an allegedly wrongful and unreasonable refusal to grant consent to assign the business; and “Tomic v. 92 East LLC,” where tenants were found entitled to summary judgment in an overcharge suit.

• July 13, 2016: “HSBC Bank v. Zair,” where a mortgagee bank could not be forced to accept ownership of a home destroyed by Superstorm Sandy; and “Yashar Foundation v. Schwatzman,” where a non-profit was denied summary judgment in a holdover proceeding to recover possession for own use.

• July 6, 2016: “Step By Step, Inc. v. City of Ogdensburg,” where the court found that animus against the disabled was a significant factor in the city's decision to deny a zoning application; and “Galanova v. Safir,” where justices dismissed a co-op tenant's defamation suit.

• June 29, 2016: “1301 Properties v. Abelson,” where ex-Dewey partners were spared liability for lease payments.

• June 22, 2016: “Colin Realty v. Manhasset Pizza,” where the court found that the defendant did not have any “easement, license, occupancy rights, or other right of access over the plaintiff's real property,” and “AR v. GR” where a Referee ruled that the asking price for the subject home was unrealistically high following Super Storm Sandy.

• June 15, 2016: “Picaro v. Pelham 1130,” where the NYC Department of Buildings was released from liability for violation of ADA and Fair Housing Act in relation to a landlord shutting down an elevator.

• June 8, 2016: “Flushing LLC v. 33 Development,” where the court found that a binder to a contract was only an agreement to agree, not a binding contract as some material terms were missing, and “Dormitory Authority v. Samson Construction,” where breach of contract and negligence claims against architects were allowed to proceed where the project was found to be "so affected with the public interest that the failure to perform competently can have catastrophic consequences.”

• June 1, 2016: “Soundings v. Foerster,” which held that a condo may sue to rescind a unit whose buyer hid her intent to use the unit as a day care center, and “Andrews v. Acacia,” where a drug facility resident was afforded due process by the court.

• May 25, 2016: “Terzo v. 33 Fifth Avenue,' where transfer of a co-op to the deceased shareholders's sons was upheld, and “Israel Realty v. Shkolnikov,” where the court found that even if certain work done to an apartment was mandated by law, it can still be the basis of a constructive eviction claim by the tenant.

• May 18, 2016: “78 Havemeyer v. Abuzaid,” “Mansfield Owners v. Phillip,” and “JP Morgan Chase v. Barbara.”

• May 11, 2016: “Reinhard v. Connaught Tower Corp,” where the court granted a co-op owner 100 percent abatement on a constructive eviction claim for smoke infiltration; and “West 97th St. Realty Corp. v. Aptaker,” where a tenant was denied dismissal of a holdover eviction petition.

• May 4, 2016: “Rebenwurzel v. Swieca,” where the court denied summary judgment to a real estate broker seeking a brokerage commission.

• April 27, 2016: “Lafayette Boynton v. Pickett,” where the court upheld a decision to return a disabled tenant to his apartment after the execution of a warrant for eviction.

• April 20, 2016: “BDS Associates v. QI Song Lin,” which dealt with the issue of primary residence, and “NRI Group v. Crawford,” where a landlord was barred from harassing “three-quarter house” tenants.

• April 13, 2016: “MB Property Group v. Church & Swan Properties,” where a real estate broker provided sufficient proof of an implied agreement, allowing him to receive a commission.

• April 6, 2016: “Gomez v. Rossrock,” a landlord-tenant case where the tenants fraudulent overcharge claim was dismissed, and “385 Bayview v. Warren,” a holdover proceeding where it was found that the landlord did not waive the holdover petition by accepting rent between the time of the service of the notice of termination and service of the petition.

• 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.

• February 24, 2016: “Septimus v. Village of Lawrence,” “Sedgwick v. Cruz,” and “Manning v. Forest.”

• February 17, 2016: “Thor 725 8th Avenue v. Goonetilleke,” where the court granted the landlord judgment on a guaranty breach claim, and a reduced attorney fee award was found to be warranted.

• February 10, 2016: “BT Holdings v. Village of Chester,” where, finding no attorney-client relationship in an Article 78 proceeding, the lawyer and firm were not disqualified, and “Olivero v. NYCHPD,” where a succession claim to a New York City apartment was overturned.

• February 3, 2016: “Baez v. NYCHA,” dealing with a class action alleging NYCHA's failure to abate mold and excessive moisture problems, and “Mauriello v. Flocco,” where factual issues were raised if the doctrine of estoppel applies barring a usury defense claim.

• January 27, 2016: “Berkowitz v. 29 Woodmere Blvd. Owners,” where an apartment owner showed that a co-op board had discriminatory motive to reject purchasers, and “30 East 18th, LLC v. Mitchel,” where the Civil Court properly dismissed a petition for a landlord's attempt to collect an overcharge.

• January 20, 2016: “1515 Macombs v. Jackson,” where, absent proof of arrears, summary judgment dismissing nonpayment action was granted, and “Matter of New Creek Bluebelt, Phase 4,” where the court awarded the claimants attorney fees under Eminent Domain law.

• January 13, 2016: Decisions involving the contract provisions governing supervision of home construction by an architect on behalf of the homeowner, a landlord's attempt to quash a tenant's subpoena of documents from the NYS Division of Housing and Community Renewal and a minor's succession rights to a Section 8 apartment.

• January 6, 2016: “Beacon 109 204-206 v. Leon,” where a landlord failed to support its claim that the tenant caused leaks that damaged the lobby, and “Deutsche Bank v. Dirende,” where the court found the petition in a post-foreclosure summary proceeding to be fatally defective.

• December 30, 2015: Cases involving a Yellowstone injunction, a broker's commission and breach of fiduciary claims, and a landlord's claims that a tenant was allowing a rent-stabilized apartment to be used for illegal purposes.

• December 23, 2015: “Jobin Organization v. Bemar Realty,” “Clinton Hill Holding 1, v. Kathy & Tania,” and “U.S. Bank National Assoc. v. Glusky.”

• December 16, 2015: “In re September 11 Litigation,” where the Second Circuit clarified the recovery scheme for WTC leases.

• December 9, 2015: Cases involving a failure to commence a foreclosure action within six years, whether a defendant in a summary nonpayment proceeding waives all jurisdictional defenses as a consequence of interposing unrelated counterclaims, and an alleged chronic rent delinquency.

• December 2, 2015: “P&T Management v. Aponte,” where an issue of the reasonableness of cigarette smoke coming from tenant's apartment was found to be a question of fact for trial; and “1644 Broadway v. Jimenez,” where it was held that the property owner properly “exhibited” a copy of the deed of foreclosure.

• November 25, 2015: “Commandeer Realty v. Allegro,” where the court found that a first-filed annexation request gets priority over competitors; and “92 Bergenbrooklyn v. Cisarano,” where the acceptance of rent by the landlord after commencement of a holdover proceeding vitiates the termination notice on the tenant.

• November 18, 2015: “Trump Village v. Bezvoleva,” where the court found that a defamation claim brought by a co-op president against defendant shareholders was allowed to proceed; and “MID Bronx HDFC v. Paulino,” where a tenant was denied dismissal of her landlord's nuisance holdover proceeding.

• November 4, 2015: “Galil Kineret v. Chin,” “229 West 113th Street v. Lamb,” and “New York Shun on Realty Development v. Mathieu.”