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MAZEH CONSTRUCTION CORP. v. VNB NEW YORK CORP., 500728/11 (6-11-2012)
500728/11
Decided on June 11, 2012
BACKGROUND This case arises out of the construction loan provided to defendant 102 Mews LLC by defendants' predecessor banks, Liberty Pointe Bank and United Commercial Bank for a ten story residential building located at 991-995 Willoughby Avenue, Brooklyn ("Property"). The motion is addressed exclusively to the sufficiency of the complaint as no supporting documents or affidavit by a person with knowledge was submitted by any party. According to the verified complaint, Liberty Pointe Bank and United ...
real property - real property
BRIDGEHAMPTON DEVELOPMENT CORP. v. COUNTY OF SUFFOLK, 2011-02178 (2d Dept 6-20-2012)
2011-02178
Decided on June 20, 2012
In a hybrid action pursuant to RPAPL article 15, inter alia, for a judgment declaring that the plaintiff has the right to redeem certain real property, and proceeding pursuant to CPLR article 78 to review a determination of the County of Suffolk and Patricia B. Zielenski, as Division Director of the Suffolk County Department of Planning, Division of Real Estate, dated April 9, 2004, which cancelled the redemption of the subject property, the appeal is from a judgment of the Supreme Court, Suffolk County...
real property - real property
A.J.P. AUTO SALES LIMITED, INC. v. DEJANA, 2011-06659 (2d Dept 6-20-2012)
2011-06659
Decided on June 20, 2012
DECISION ~amp~ ORDER The plaintiffs and the defendants own neighboring parcels of real property. The plaintiffs commenced this action pursuant to RPAPL article 20, inter alia, to determine their claims to an alleged easement over a certain portion of the defendants' property, as described in the deed conveying the burdened property to the defendants' predecessor-in-interest, and enjoining the defendants from interfering with the plaintiffs' use of the easement. After a nonjury trial, the Supreme Court, ... Contrary to the defendants' contentions, the plaintiffs established at trial the existence of an easement, as to which the defendants had notice in the defendants' recorded chain of title (see Corrarino v Byrnes, 43 AD3d 421, 423; Breakers Motel v Sunbeach Montauk Two, 224...
real property - real property
BOARD OF MANAGERS OF NATIONAL PLAZA CONDOMINIUM I v. ASTORIA PLAZA, LLC, 2011-01150 (2d Dept 6-20-2012)
2011-01150
Decided on June 20, 2012
In an action to foreclose liens upon condominium units for nonpayment of common charges, the defendant Astoria Plaza, LLC, appeals from a judgment of the Supreme Court, Queens County (Golia, J.), entered January 3, 2011, which, upon a decision of the same court entered October 18, 2010, made after a nonjury trial, is in favor of the plaintiff and against it in the principal sum of $120,943.96. Ordered that the judgment is modified, on the facts, by reducing the amount awarded to the plaintiff from the principal sum of $120,943.96 to the principal sum of $110,143.96; as so modified, the judgment is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Queens County, for entry of an appropriate amended judgment....
real property - real property
DEUTSCH v. TWERSKY, 2011-10193 (2d Dept 6-20-2012)
2011-10193
Decided on June 20, 2012
In an action, inter alia, to determine the validity of a deed purporting to convey certain real property located in Romania, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated September 6, 2011, which, among other things, granted the defendant's motion to vacate so much of an amended judgment of the same court (Starkey, J.), dated October 5, 2009, as, after a hearing, enjoined the defendant from taking action to transfer, sell, or encumber the subject real ... DECISION ~amp~ ORDER Contrary to the plaintiff's contention, the Supreme Court properly, inter alia, granted the defendant's motion to vacate so much of an amended judgment dated October 5, 2009, as enjoined the defendant from taking action to transfer, sell, or encumber certain real property owned by...
real estate - real estate
BRIDGEHAMPTON DEVELOPMENT CORP. v. COUNTY OF SUFFOLK, 2011-02178 (2d Dept 6-20-2012)
2011-02178
Decided on June 20, 2012
In a hybrid action pursuant to RPAPL article 15, inter alia, for a judgment declaring that the plaintiff has the right to redeem certain real property, and proceeding pursuant to CPLR article 78 to review a determination of the County of Suffolk and Patricia B. Zielenski, as Division Director of the Suffolk County Department of Planning, Division of Real Estate, dated April 9, 2004, which cancelled the redemption of the subject property, the appeal is from a judgment of the Supreme Court, Suffolk County...
deed - deed
BRIDGEHAMPTON DEVELOPMENT CORP. v. COUNTY OF SUFFOLK, 2011-02178 (2d Dept 6-20-2012)
2011-02178
Decided on June 20, 2012
In a hybrid action pursuant to RPAPL article 15, inter alia, for a judgment declaring that the plaintiff has the right to redeem certain real property, and proceeding pursuant to CPLR article 78 to review a determination of the County of Suffolk and Patricia B. Zielenski, as Division Director of the Suffolk County Department of Planning, Division of Real Estate, dated April 9, 2004, which cancelled the redemption of the subject property, the appeal is from a judgment of the Supreme Court, Suffolk County...
deed - deed
A.J.P. AUTO SALES LIMITED, INC. v. DEJANA, 2011-06659 (2d Dept 6-20-2012)
2011-06659
Decided on June 20, 2012
DECISION ~amp~ ORDER The plaintiffs and the defendants own neighboring parcels of real property. The plaintiffs commenced this action pursuant to RPAPL article 20, inter alia, to determine their claims to an alleged easement over a certain portion of the defendants' property, as described in the deed conveying the burdened property to the defendants' predecessor-in-interest, and enjoining the defendants from interfering with the plaintiffs' use of the easement. After a nonjury trial, the Supreme Court, ... Contrary to the defendants' contentions, the plaintiffs established at trial the existence of an easement, as to which the defendants had notice in the defendants' recorded chain of title (see Corrarino v Byrnes, 43 AD3d 421, 423; Breakers Motel v Sunbeach Montauk Two, 224...
deed - deed
DEUTSCH v. TWERSKY, 2011-10193 (2d Dept 6-20-2012)
2011-10193
Decided on June 20, 2012
In an action, inter alia, to determine the validity of a deed purporting to convey certain real property located in Romania, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated September 6, 2011, which, among other things, granted the defendant's motion to vacate so much of an amended judgment of the same court (Starkey, J.), dated October 5, 2009, as, after a hearing, enjoined the defendant from taking action to transfer, sell, or encumber the subject real ... DECISION ~amp~ ORDER Contrary to the plaintiff's contention, the Supreme Court properly, inter alia, granted the defendant's motion to vacate so much of an amended judgment dated October 5, 2009, as enjoined the defendant from taking action to transfer, sell, or encumber certain real property owned by...
real property - real property
LONG SLAND LIGHTING COMPANY v. CHESTNUT STATION, INC., 020515-09 (6-5-2012)
No. 020515-09
June 5, 2012
B. The Parties' History The parties' history is set forth in detail in a prior decision of the Court dated July 15, 2010 ("Prior Decision") (Ex. B to Duffy Aff. in Supp.) which addressed a prior motion filed by Plaintiff ("Prior Motion"). In the Prior Decision, the Court 1) granted Plaintiff's motion for a default judgment against Defendant Chestnut Station, Inc. ("CSI") on the fourth cause of action in the Complaint in the sum of $118,677.33, plus costs and attorney's fees to be determined at an ... As noted in the Prior Decision, CSI is a New York corporation that became inactive on or about July 29, 2009 due to dissolution by proclamation of the New York Department of State. Catanese was and continues to be President of SCI. Catanese, in his capacity as President of CSI, made a...
real property - real property
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
real property - real property
IN THE MATTER OF PASHAD, 2011-391/A (6-5-2012)
2011-391/A
Decided June 5, 2012
In thisSCPA § 2103 discovery proceeding, Petitioner, Chad Pashad, the duly appointed Administrator of this Estate and sole distributee, moves this Court pursuant to CPLR Rule 3212 for partial summary judgment to invalidate the deed that was executed on June 6, 2011 transferring the Decedent's former home located at 442 Hulett Street, Schenectady, New York, to the Respondents. In support of his argument that the deed should be invalidated, the Petitioner alleges that based on the Affidavits of the ... In opposition to the Motion, the Respondents argue that the Petitioner has not met his initial burden to show that no triable issues of material fact exist, thereby precluding summary judgment from being granted to the Petitioner. The Respondents further contend that even if the Court were to find that the...
real estate - real estate
BARNS & FARMS REALTY v. NOVELLI, 6264/08 (12-21-2009)
6264/08
Decided on December 21, 2009
Even if the court were to find that defendants Novelli and Bouchard had failed to appear and answer the complaint, the plaintiff has failed to establish, on a prima facie basis, that it is entitled to judgment as a matter of law. First, the plaintiff's complaint fails to allege that it is a licensed real estate broker entitled to bring an action for commissions. On this motion, the plaintiff alleges that it is licensed to sell real estate in New York but provides a license that was effective March 12, ... SUMMARY JUDGMENT It is well settled that in order "to obtain summary judgment, it is necessary that the movant establish his or her cause of action or defense sufficiently to warrant the court as a matter of law in directing judgment' in his or her favor (CPLR 3212[b]), and he or she must...
real estate - real estate
LONG SLAND LIGHTING COMPANY v. CHESTNUT STATION, INC., 020515-09 (6-5-2012)
No. 020515-09
June 5, 2012
B. The Parties' History The parties' history is set forth in detail in a prior decision of the Court dated July 15, 2010 ("Prior Decision") (Ex. B to Duffy Aff. in Supp.) which addressed a prior motion filed by Plaintiff ("Prior Motion"). In the Prior Decision, the Court 1) granted Plaintiff's motion for a default judgment against Defendant Chestnut Station, Inc. ("CSI") on the fourth cause of action in the Complaint in the sum of $118,677.33, plus costs and attorney's fees to be determined at an ... As noted in the Prior Decision, CSI is a New York corporation that became inactive on or about July 29, 2009 due to dissolution by proclamation of the New York Department of State. Catanese was and continues to be President of SCI. Catanese, in his capacity as President of CSI, made a...
real estate - real estate
CIMERRING v. MERRILL LYNCH MORTGAGE INVESTORS, 8727/2011 (6-13-2012)
8727/2011
Decided on June 13, 2012
FACTS AND PROCEDURAL HISTORY The Lee Hall Loan Plaintiff Avram Cimerring (Cimerring)[fn1] and non-party Ran Nizan (Nizan) were the principals of Lee Hall LLC (Lee Hall), a company that sought financing for the purchase of four apartment complexes in Virginia (the mortgaged property). Cimerring and Nizan Page 2 executed a personal guaranty (the Guaranty) on a Deed of Trust note (the Note) in order for Lee Hall to obtain a $17.4 million commercial mortgage loan (the Lee Hall Loan) from Wexford Bancorp (... UBS then sold the Lee Hall Loan, as part of a pool of commercial mortgages, to Merrill Lynch Mortgage Investors, Inc. (MLMI) pursuant to a Mortgage Loan Purchase Agreement (the MLPA) dated November 1, 1999. The purchase price for the pool of loans was allegedly based on the...
deed - deed
GOLDING v. NATIONSCREDIT FINANCIAL SERVICES CORPORATION, 14418/2011 (4-17-2012)
No. 14418/2011
April 17, 2012
Plaintiff seeks recission of the Equicredit of NY, Ameriquest Mortgage Company, Household Finance Corporation, HSBC and Citibank Loans as well as compensatory and punitive damages on the basis of fraud, civil conspiracy to commit fraud, negligent misrepresentation and promissory estoppel. Pursuant to the complaint, Page 3 defendant Stuart Schoenfeld was the attorney assigned to the mortgage transaction and received an attorney's fee from Ameriquest. The complaint states that in 1998, Smith had a ... In opposition, plaintiff claims that Schoenfeld prepared the deed transferring ownership in Smith's home, and was the attorney assigned to the mortgage transaction. Plaintiff's counsel also contends, Page 4 with respect to the statute of limitations defense, that there is a...
deed - deed
CIMERRING v. MERRILL LYNCH MORTGAGE INVESTORS, 8727/2011 (6-13-2012)
8727/2011
Decided on June 13, 2012
FACTS AND PROCEDURAL HISTORY The Lee Hall Loan Plaintiff Avram Cimerring (Cimerring)[fn1] and non-party Ran Nizan (Nizan) were the principals of Lee Hall LLC (Lee Hall), a company that sought financing for the purchase of four apartment complexes in Virginia (the mortgaged property). Cimerring and Nizan Page 2 executed a personal guaranty (the Guaranty) on a Deed of Trust note (the Note) in order for Lee Hall to obtain a $17.4 million commercial mortgage loan (the Lee Hall Loan) from Wexford Bancorp (... UBS then sold the Lee Hall Loan, as part of a pool of commercial mortgages, to Merrill Lynch Mortgage Investors, Inc. (MLMI) pursuant to a Mortgage Loan Purchase Agreement (the MLPA) dated November 1, 1999. The purchase price for the pool of loans was allegedly based on the...
deed - deed
IN THE MATTER OF PASHAD, 2011-391/A (6-5-2012)
2011-391/A
Decided June 5, 2012
In thisSCPA § 2103 discovery proceeding, Petitioner, Chad Pashad, the duly appointed Administrator of this Estate and sole distributee, moves this Court pursuant to CPLR Rule 3212 for partial summary judgment to invalidate the deed that was executed on June 6, 2011 transferring the Decedent's former home located at 442 Hulett Street, Schenectady, New York, to the Respondents. In support of his argument that the deed should be invalidated, the Petitioner alleges that based on the Affidavits of the ... In opposition to the Motion, the Respondents argue that the Petitioner has not met his initial burden to show that no triable issues of material fact exist, thereby precluding summary judgment from being granted to the Petitioner. The Respondents further contend that even if the Court were to find that the...
real property - real property
IN THE MATTER OF JOY BUILDERS, INC. v. CONKLIN, 2012-00452 (2d Dept 6-20-2012)
2012-00452
Decided on June 20, 2012
DECISION ~amp~ ORDER The taxable status of real property "shall be determined annually according to its condition and ownership" as it exists on the relevant taxable status date (RPTL 302[1]; see Matter of Seidel v Board of Assessors, County of Nassau, 88 AD3d 369, 375; Matter of Ross v Town of Santa Clara, 266 AD2d 678, 680-681; Matter of Alexander's Dept. Store of Val. Stream v Board of Assessors, 227 AD2d 549). The assessed value of the property may not be based upon "some future contemplated use'" (...
real property - real property
IN THE MATTER OF ROZZ v. NASSAU COUNTY DEPARTMENT OF ASSESSMENT, 2010-06508 (2d Dept 6-20-2012)
2010-06508
Decided on June 20, 2012
On January 8, 2010, the appellant filed an Application for Refund and Credit of Real Property Taxes, pursuant to Real Property Tax Law § 556, seeking a refund of the alleged overpayment for the 2006/2007 tax year. In his application, the appellant alleged, among other things, that his property had been erroneously reclassified due to an inspection conducted by a Nassau County police officer who was not an official appraiser, and thereafter the DOA and Receiver of Taxes for the Town of Hempstead (... The appellant commenced this hybrid proceeding pursuant to CPLR article 78 and declaratory judgment action, alleging that the respondents failed to comply with the procedures set forth in Real Property Tax Law § 556 regarding the filing and investigation of...
real property - real property
IN THE MATTER OF LEE, 2011-03406 (2d Dept 6-20-2012)
2011-03406
Decided on June 20, 2012
DECISION ~amp~ ORDER According to the amended complaint, the subject residential premises was inherited in 1989 by the decedent, who was the cousin of Shirley M. Kinard and Alisa Dawn Johnson (hereinafter the plaintiffs). The decedent then abandoned the property. Johnson took possession of the premises in 1993, and her mother, Kinard, joined her in possession in August 2000. They never sought or had the express or implied permission or consent of the decedent to use or take possession of the premises. ... The decedent died on or about August 27, 2005, in Wisconsin. On or about February 22, 2010, Kinard commenced this action in the Supreme Court against Lois Rosenblatt, the Public Administrator, seeking a determination that Kinard obtained title to the premises via adverse possession. By order...
real property - real property
BACKUS v. LYME ADIRONDACK TIMBERLANDS II, LLC, 513012 (3d Dept 6-21-2012)
513012
Calendar Date: April 24, 2012 Decided and Entered: June 21, 2012
MEMORANDUM AND ORDER In 2004, plaintiff entered into an oral contract with Clarence Bevins and DeDe Bevins to purchase a parcel of land in Essex County. Plaintiff immediately took possession of the property, began paying taxes on it and apparently began making installment payments to the Bevinses. In May 2007, Lyme Adirondack Timber Sales, Inc., which owns an adjacent parcel of property, entered into a contract with defendant Trent Abare to harvest timber. On July 2, 2007, plaintiff made the last ... In February 2010, plaintiff commenced this action pursuant to RPAPL 861 against defendants Lyme Adirondack Timberlands II, LLC (hereinafter Lyme), Abare, licensed forester Benjamin Pokon and two unknown companies for, among other things, the...
deed - deed
BACKUS v. LYME ADIRONDACK TIMBERLANDS II, LLC, 513012 (3d Dept 6-21-2012)
513012
Calendar Date: April 24, 2012 Decided and Entered: June 21, 2012
MEMORANDUM AND ORDER In 2004, plaintiff entered into an oral contract with Clarence Bevins and DeDe Bevins to purchase a parcel of land in Essex County. Plaintiff immediately took possession of the property, began paying taxes on it and apparently began making installment payments to the Bevinses. In May 2007, Lyme Adirondack Timber Sales, Inc., which owns an adjacent parcel of property, entered into a contract with defendant Trent Abare to harvest timber. On July 2, 2007, plaintiff made the last ... In February 2010, plaintiff commenced this action pursuant to RPAPL 861 against defendants Lyme Adirondack Timberlands II, LLC (hereinafter Lyme), Abare, licensed forester Benjamin Pokon and two unknown companies for, among other things, the...
mortgage foreclosure - mortgage foreclosure
HOFFMAN v. CITY OF OLEAN, 79951 (6-21-2012)
79951
Decided on June 21, 2012
Petitioners' first claim against the County is that it acted as the City's agent when it placed the relevy on the County tax bills and brought a foreclosure action. When petitioners refused to pay their water and sewer bills and city taxes, Olean sent the County an account of those unpaid amounts. As required by Real Property Tax Law (RPTL) § 936, the County paid Olean the unpaid amounts and relevied these amounts on petitioners' County tax bills. When those amounts remained unpaid, the County Treasurer... Petitioners ignore the fact that the law imposes these duties on the Treasurer and argue that the County "cannot claim it is immune for placing on its County tax bill a charge it knows to be false on the notion that the County is just a ministerial robot . . ." (affidavit of John Richard Streb, verified...
real property - real property
380 YORKTOWN FOOD CORP. v. 380 DOWNING DRIVE, LLC, 55188/11 (3-9-2012)
55188/11
Decided on March 9, 2012
Plaintiff, 380 Yorktown Food Corp. ("Plaintiff" or "Yorktown Food") moves, pursuant to CPLR 3212, for an order granting it summary judgment and a judgment declaring the rights, responsibilities and obligations of the parties with regard to a sublease entered into between Plaintiff and non-party The Great Atlantic ~amp~ Pacific Tea Company ("A ~amp~ P") concerning property located at 380 Downing Drive, Yorktown Heights, New York (the "Property") dated July 23, 1992 (the "Sublease"). Defendant 380 Downing... Based on the allegations of the Complaint, Plaintiff asserts that Defendant and A ~amp~ P entered into the Overlease for the Property on May 21, 1971 and on July 23, 1992, A ~amp~ P entered into the Sublease with Plaintiff (Affidavit of Joseph Friedman, sworn to September 2,...
real property - real property
HOFFMAN v. CITY OF OLEAN, 79951 (6-21-2012)
79951
Decided on June 21, 2012
Petitioners' first claim against the County is that it acted as the City's agent when it placed the relevy on the County tax bills and brought a foreclosure action. When petitioners refused to pay their water and sewer bills and city taxes, Olean sent the County an account of those unpaid amounts. As required by Real Property Tax Law (RPTL) § 936, the County paid Olean the unpaid amounts and relevied these amounts on petitioners' County tax bills. When those amounts remained unpaid, the County Treasurer... Petitioners ignore the fact that the law imposes these duties on the Treasurer and argue that the County "cannot claim it is immune for placing on its County tax bill a charge it knows to be false on the notion that the County is just a ministerial robot . . ." (affidavit of John Richard Streb, verified...
real estate - real estate
PAYNE v. ELLISON, 602283/07 (1-14-2008)
602283/07
January 14, 2008
On the one hand, defendants contend that they were entitled to 50% of the SESAC and EMI advances, because the recording agreement provides that plaintiff would receive only 50% of the net earnings. Plaintiff argued that defendants were entitled to keep only 20% of the SESAC advance because the management agreement states that FKP's management fee would be 20% of the artist's gross earnings, including public performances, and the SESAC agreement concerns revenue generated from public performances of the ... 1 st Affirmative Defense: Failure to State a Cause of Action The failure to state a cause of action is not an affirmative defense. Rather, it is an ordinary defense. See e.g. Bentivegna v Meenan Oil Co., 126 AD2d 506 (2d Dept 1987) (holding that the defense must be raised in a 3211 motion, not interposed in an...
real estate - real estate
BUCK REALTY OF LONG ISLAND, INC. v. ELLIOTT, 3525/11 (6-5-2012)
No. 3525/11
June 5, 2012
Plaintiff Buck Realty of Long Island, Inc, (Buck) brings this action to recover commissions, alleging breach of contract, fraud and quantum meruit. The complaint alleges that "on or about November 1, 2009" Tod Buckvar entered into a commission agreement with defendant Shawn Elliott on behalf of Buck Realty (the alleged oral Agreement). The terms of the alleged oral Agreement required Elliott to find a person willing and able to purchase property located at 20 Wenwood Drive, Brookville, New York ("the ... Steck also avers that as a real estate broker who owns his own brokerage, he could have listed the property himself but did not because he trusted Elliott. Luxury Estates sold the property for $3,200,000. Luxury shared the 4½% commission with the Purchaser's agent, Century 21 Laffey Associates....
real estate - real estate
MIKE BLDG. & CONTR. INC. v. JUST HOMES, LLC, 31033/07 (6-18-2012)
31033/07
Decided on June 18, 2012
On November 3, 2011, Mr. Thompson conducted a public auction in the Courthouse at 360 Adams Street, Brooklyn, in conformity with the Order of this Court. In accordance with the Terms of Sale, the successful bidder on all three properties, BH Friel Place LLC (BH Friel), paid a ten percent deposit of $43,500, Page 2 against the successful bid price of $435,000, to Mr. Thompson who has held such sum in escrow. Pending closing, Mr. Thompson received a letter dated January 31, 2012, from Neal H. Sultzer, ...
real estate - real estate
380 YORKTOWN FOOD CORP. v. 380 DOWNING DRIVE, LLC, 55188/11 (3-9-2012)
55188/11
Decided on March 9, 2012
Plaintiff, 380 Yorktown Food Corp. ("Plaintiff" or "Yorktown Food") moves, pursuant to CPLR 3212, for an order granting it summary judgment and a judgment declaring the rights, responsibilities and obligations of the parties with regard to a sublease entered into between Plaintiff and non-party The Great Atlantic ~amp~ Pacific Tea Company ("A ~amp~ P") concerning property located at 380 Downing Drive, Yorktown Heights, New York (the "Property") dated July 23, 1992 (the "Sublease"). Defendant 380 Downing... Based on the allegations of the Complaint, Plaintiff asserts that Defendant and A ~amp~ P entered into the Overlease for the Property on May 21, 1971 and on July 23, 1992, A ~amp~ P entered into the Sublease with Plaintiff (Affidavit of Joseph Friedman, sworn to September 2,...
real estate - real estate
STEPHENSON v. TERRON-CARRERA, 09-2465 (6-5-2012)
No. 09-2465
June 5, 2012
On April 27, 2005, plaintiff and co-defendant Lillian Terron-Carrera ("Carrera"), purchased a single family house located at 129 Fox Run Lane in Aquebogue, New York (the "Property"). The Property was held by plaintiff and Carrera as joint tenants with the right of survivorship. Plaintiff and Carrera financed 100% of the $408,000 purchase price with loans from Fremont Investment ~amp~ Loan ("Fremont") in the amount of $326,400, secured by a first mortgage on the Property, and in the amount of $81,600, ...
deed - deed
STEPHENSON v. TERRON-CARRERA, 09-2465 (6-5-2012)
No. 09-2465
June 5, 2012
On April 27, 2005, plaintiff and co-defendant Lillian Terron-Carrera ("Carrera"), purchased a single family house located at 129 Fox Run Lane in Aquebogue, New York (the "Property"). The Property was held by plaintiff and Carrera as joint tenants with the right of survivorship. Plaintiff and Carrera financed 100% of the $408,000 purchase price with loans from Fremont Investment ~amp~ Loan ("Fremont") in the amount of $326,400, secured by a first mortgage on the Property, and in the amount of $81,600, ...
deed - deed
NEW YORK COMMUNITY BANK v. LEE, 13712-11 (6-6-2012)
13712-11
June 6, 2012
This matter is before the Court for decision on the motion filed by Plaintiff New York Community Bank ("Plaintiff" or "NYCB") on March 8, 2012 and submitted on April 17, 2012. For the reasons set forth below, the Court grants the motion to the extent that the Court 1) grants Plaintiff summary judgment against Defendant R. Randy Lee on the first cause of action in the Complaint in the amount of $947,203.44 in principal, plus unpaid interest at the Contract Rate and Default Rate, late charges, and costs ...
"certiorari" and "real property" - "certiorari" and "real property"
STATE v. SHINNECOCK INDIAN NATION, 08-1194-cv (2nd Cir. 6-25-2012)
Nos. 08-1194-cv(L), 08-1195-cv(CON)
Decided: June 25, 2012
The Shinnecock Indian Nation and its tribal officials (collectively, the "Shinnecock" or the "Tribe") appeal from a Page 3 judgment of the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge). After a bench trial, the district court granted a permanent injunction prohibiting the Tribe from developing a casino on a plot of land known as Westwoods without complying with the laws of New York State and the Town of Southampton. The Shinnecock object to a number of the ...
real property - real property
STATE v. SHINNECOCK INDIAN NATION, 08-1194-cv (2nd Cir. 6-25-2012)
Nos. 08-1194-cv(L), 08-1195-cv(CON)
Decided: June 25, 2012
The Shinnecock Indian Nation and its tribal officials (collectively, the "Shinnecock" or the "Tribe") appeal from a Page 3 judgment of the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge). After a bench trial, the district court granted a permanent injunction prohibiting the Tribe from developing a casino on a plot of land known as Westwoods without complying with the laws of New York State and the Town of Southampton. The Shinnecock object to a number of the ...
title insurance - title insurance
MAHON v. TICOR TITLE INSURANCE COMPANY, 10-3005-cv (2nd Cir. 6-25-2012)
No. 10-3005-cv
Decided: June 25, 2012
Appeal from a partial judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge) dismissing from the case Defendants-Appellees Ticor Title Insurance Company and Ticor Title Insurance Company of Florida on the basis that Plaintiff-Appellant Deborah Mahon lacks Article III standing to sue them because she does not allege that they injured her. Mahon argues that the district court erred because Article III requires only that she have suffered an injury at the ... II. Procedural History On April 28, 2009, Mahon sued Chicago Title and the Ticor entities for the overcharge on behalf of herself and similarly situated individuals. She alleges a class comprised of those who paid for title insurance from Chicago Title or the Ticor entities...
real property - real property
NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND v. VERIZON NY INC., 650193/09 (6-11-2012)
650193/09
Decided on June 11, 2012
This action arises out of plaintiff's sale, almost 40 years ago, to New York Telephone Company ("Telco"), the predecessor of defendant Verizon New York Inc. f/k/a New York Telephone Co. ("Verizon"), of a plot of land designated as Block 113, Lot 150 on the Tax Map of New York County, together with certain specified development rights. Plaintiff ("ECF" or the "Fund") is a New York public benefit corporation that was created in 1966 "to facilitate the timely construction of [elementary and secondary] ... Verizon further contends that ECF failed to conduct any independent diligence to confirm the amount of zoning floor area contained in the Verizon Building prior to the 2007 transactions culminating in the transfer of title to Verizon under the 1972 Contract. ECF's...
real property - real property
HABERMAN v. XANDER CORP., 021508/10 (6-11-2012)
021508/10
June 11, 2012
Upon the foregoing papers, the motion (Mot. Seq. 01) pursuant to CPLR § 3211 (a) (1), (4) and (7) by the Third-Party Defendant, Michael Zapson and Davidoff Malito and Hutcher, LLP (DMH) seeking to dismiss the Third-Party complaint; the Order to Show Cause (Mot. Seq. 02) brought pursuant to CPLR § 602 by the Defendant/Third-Party Plaintiff, Xander Corp. (Xander) seeking consolidation of an action pending in the Supreme Court: Nassau County before the Hon. Antonio Brandveen under Index No. 002946/10, ... It appears from the Third-Party complaint that in or about October 2002, the Third-Party Defendant, Michael Zapson,[fn2] and later the Defendant, DMH, was retained by the Defendant/Third-Party Plaintiff, Xander, to represent it in connection with a legal matter relating to a parcel of real property known as 350...
real estate - real estate
NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND v. VERIZON NY INC., 650193/09 (6-11-2012)
650193/09
Decided on June 11, 2012
This action arises out of plaintiff's sale, almost 40 years ago, to New York Telephone Company ("Telco"), the predecessor of defendant Verizon New York Inc. f/k/a New York Telephone Co. ("Verizon"), of a plot of land designated as Block 113, Lot 150 on the Tax Map of New York County, together with certain specified development rights. Plaintiff ("ECF" or the "Fund") is a New York public benefit corporation that was created in 1966 "to facilitate the timely construction of [elementary and secondary] ... Verizon further contends that ECF failed to conduct any independent diligence to confirm the amount of zoning floor area contained in the Verizon Building prior to the 2007 transactions culminating in the transfer of title to Verizon under the 1972 Contract. ECF's...
real estate - real estate
POLUBOCZEK v. P.C. RICHARD & SON, 16411/10 (6-7-2012)
16411/10
June 7, 2012
This is a negligence action by plaintiff to recover for personal injuries sustained on May 5, 2009, when he allegedly was caused to slip, trip and or fall due to an alleged defect in the sidewalk in front of 3518 Steinway Street, Astoria, New York. The property is owned by King Kullen and subleased to PC Richard. PC Richard moves to vacate a Notice to Admit and for a protective order as to the same. King Kullen moves for summary judgment in its Page 2 favor or, alternatively, for summary judgment on its... John Bogdanos testified on behalf of PC Richard as follows: he is the general manager of the PC Richard store in Astoria. At the time of the accident, a portion of the sidewalk abutting the premises was raised and cracked. This condition developed over a period of years due to the growth of a nearby...
deed - deed
NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND v. VERIZON NY INC., 650193/09 (6-11-2012)
650193/09
Decided on June 11, 2012
This action arises out of plaintiff's sale, almost 40 years ago, to New York Telephone Company ("Telco"), the predecessor of defendant Verizon New York Inc. f/k/a New York Telephone Co. ("Verizon"), of a plot of land designated as Block 113, Lot 150 on the Tax Map of New York County, together with certain specified development rights. Plaintiff ("ECF" or the "Fund") is a New York public benefit corporation that was created in 1966 "to facilitate the timely construction of [elementary and secondary] ... Verizon further contends that ECF failed to conduct any independent diligence to confirm the amount of zoning floor area contained in the Verizon Building prior to the 2007 transactions culminating in the transfer of title to Verizon under the 1972 Contract. ECF's...
real estate - real estate
ZHENG v. CITY OF NEW YORK, 147 (N.Y. 6-D-2012)
No. 147
Decided on June 26, 2012
Plaintiffs claim that the City of New York is contractually obligated to pay rent subsidies to their landlords under the Advantage New York program until expiration of their leases. State and Federal reimbursement for two-thirds of the Advantage program's costs ended on April 1, 2011, causing the City to discontinue it as of that date. Both lower courts found that the City did not intend to enter into enforceable contracts with plaintiffs or their landlords under the Advantage program, and the record ... The City created the Advantage rental assistance program in 2007 to help homeless single adults and families achieve independent living. The Advantage program replaced and was designed to fix unanticipated problems thought to compromise the effectiveness of a predecessor program called Housing Stability...
real estate - real estate
ALVAREZ v. REYES, 8013 (1st Dept 6-26-2012)
8013
Decided on June 26, 2012
In this personal injury action arising from a pedestrian knockdown, plaintiff's prior counsel moved for a hearing on the amount of the charging lien, if any, that the firm was entitled to. Opposing that motion, incoming counsel made allegations of misconduct, and argued that the alleged misconduct should result in prior counsel's loss of any lien. At the close of a sealed ex parte hearing, at which plaintiff testified, Justice Williams determined that incoming counsel's allegations were unfounded and ... Plaintiff did not waive her attorney-client privilege here by placing her communications "at issue" (see Deutsche Bank Trust Co. of Ams. v Tri-Links Inv. Trust, 43 AD3d 56, 63 [2007]). Plaintiff's communications with prior counsel were raised only in the context of a fee dispute between attorneys, which had...
"certiorari" and "real property" - "certiorari" and "real property"
NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012)
Nos. 11-393, 11-398 and, 11-400
Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011
Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the...
real property - real property
NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012)
Nos. 11-393, 11-398 and, 11-400
Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011
Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the...
real estate - real estate
NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012)
Nos. 11-393, 11-398 and, 11-400
Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011
Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the...
mechanic's lien - mechanic's lien
MAZEH CONSTRUCTION CORP. v. VNB NEW YORK CORP., 500728/11 (6-11-2012)
500728/11
Decided on June 11, 2012
BACKGROUND This case arises out of the construction loan provided to defendant 102 Mews LLC by defendants' predecessor banks, Liberty Pointe Bank and United Commercial Bank for a ten story residential building located at 991-995 Willoughby Avenue, Brooklyn ("Property"). The motion is addressed exclusively to the sufficiency of the complaint as no supporting documents or affidavit by a person with knowledge was submitted by any party. According to the verified complaint, Liberty Pointe Bank and United ...
real property - real property
BRIDGEHAMPTON DEVELOPMENT CORP. v. COUNTY OF SUFFOLK, 2011-02178 (2d Dept 6-20-2012)
2011-02178
Decided on June 20, 2012
In a hybrid action pursuant to RPAPL article 15, inter alia, for a judgment declaring that the plaintiff has the right to redeem certain real property, and proceeding pursuant to CPLR article 78 to review a determination of the County of Suffolk and Patricia B. Zielenski, as Division Director of the Suffolk County Department of Planning, Division of Real Estate, dated April 9, 2004, which cancelled the redemption of the subject property, the appeal is from a judgment of the Supreme Court, Suffolk County...
real property - real property
A.J.P. AUTO SALES LIMITED, INC. v. DEJANA, 2011-06659 (2d Dept 6-20-2012)
2011-06659
Decided on June 20, 2012
DECISION ~amp~ ORDER The plaintiffs and the defendants own neighboring parcels of real property. The plaintiffs commenced this action pursuant to RPAPL article 20, inter alia, to determine their claims to an alleged easement over a certain portion of the defendants' property, as described in the deed conveying the burdened property to the defendants' predecessor-in-interest, and enjoining the defendants from interfering with the plaintiffs' use of the easement. After a nonjury trial, the Supreme Court, ... Contrary to the defendants' contentions, the plaintiffs established at trial the existence of an easement, as to which the defendants had notice in the defendants' recorded chain of title (see Corrarino v Byrnes, 43 AD3d 421, 423; Breakers Motel v Sunbeach Montauk Two, 224...
real property - real property
BOARD OF MANAGERS OF NATIONAL PLAZA CONDOMINIUM I v. ASTORIA PLAZA, LLC, 2011-01150 (2d Dept 6-20-2012)
2011-01150
Decided on June 20, 2012
In an action to foreclose liens upon condominium units for nonpayment of common charges, the defendant Astoria Plaza, LLC, appeals from a judgment of the Supreme Court, Queens County (Golia, J.), entered January 3, 2011, which, upon a decision of the same court entered October 18, 2010, made after a nonjury trial, is in favor of the plaintiff and against it in the principal sum of $120,943.96. Ordered that the judgment is modified, on the facts, by reducing the amount awarded to the plaintiff from the principal sum of $120,943.96 to the principal sum of $110,143.96; as so modified, the judgment is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Queens County, for entry of an appropriate amended judgment....
real property - real property
DEUTSCH v. TWERSKY, 2011-10193 (2d Dept 6-20-2012)
2011-10193
Decided on June 20, 2012
In an action, inter alia, to determine the validity of a deed purporting to convey certain real property located in Romania, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated September 6, 2011, which, among other things, granted the defendant's motion to vacate so much of an amended judgment of the same court (Starkey, J.), dated October 5, 2009, as, after a hearing, enjoined the defendant from taking action to transfer, sell, or encumber the subject real ... DECISION ~amp~ ORDER Contrary to the plaintiff's contention, the Supreme Court properly, inter alia, granted the defendant's motion to vacate so much of an amended judgment dated October 5, 2009, as enjoined the defendant from taking action to transfer, sell, or encumber certain real property owned by...
real estate - real estate
BRIDGEHAMPTON DEVELOPMENT CORP. v. COUNTY OF SUFFOLK, 2011-02178 (2d Dept 6-20-2012)
2011-02178
Decided on June 20, 2012
In a hybrid action pursuant to RPAPL article 15, inter alia, for a judgment declaring that the plaintiff has the right to redeem certain real property, and proceeding pursuant to CPLR article 78 to review a determination of the County of Suffolk and Patricia B. Zielenski, as Division Director of the Suffolk County Department of Planning, Division of Real Estate, dated April 9, 2004, which cancelled the redemption of the subject property, the appeal is from a judgment of the Supreme Court, Suffolk County...
deed - deed
BRIDGEHAMPTON DEVELOPMENT CORP. v. COUNTY OF SUFFOLK, 2011-02178 (2d Dept 6-20-2012)
2011-02178
Decided on June 20, 2012
In a hybrid action pursuant to RPAPL article 15, inter alia, for a judgment declaring that the plaintiff has the right to redeem certain real property, and proceeding pursuant to CPLR article 78 to review a determination of the County of Suffolk and Patricia B. Zielenski, as Division Director of the Suffolk County Department of Planning, Division of Real Estate, dated April 9, 2004, which cancelled the redemption of the subject property, the appeal is from a judgment of the Supreme Court, Suffolk County...
deed - deed
A.J.P. AUTO SALES LIMITED, INC. v. DEJANA, 2011-06659 (2d Dept 6-20-2012)
2011-06659
Decided on June 20, 2012
DECISION ~amp~ ORDER The plaintiffs and the defendants own neighboring parcels of real property. The plaintiffs commenced this action pursuant to RPAPL article 20, inter alia, to determine their claims to an alleged easement over a certain portion of the defendants' property, as described in the deed conveying the burdened property to the defendants' predecessor-in-interest, and enjoining the defendants from interfering with the plaintiffs' use of the easement. After a nonjury trial, the Supreme Court, ... Contrary to the defendants' contentions, the plaintiffs established at trial the existence of an easement, as to which the defendants had notice in the defendants' recorded chain of title (see Corrarino v Byrnes, 43 AD3d 421, 423; Breakers Motel v Sunbeach Montauk Two, 224...
deed - deed
DEUTSCH v. TWERSKY, 2011-10193 (2d Dept 6-20-2012)
2011-10193
Decided on June 20, 2012
In an action, inter alia, to determine the validity of a deed purporting to convey certain real property located in Romania, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated September 6, 2011, which, among other things, granted the defendant's motion to vacate so much of an amended judgment of the same court (Starkey, J.), dated October 5, 2009, as, after a hearing, enjoined the defendant from taking action to transfer, sell, or encumber the subject real ... DECISION ~amp~ ORDER Contrary to the plaintiff's contention, the Supreme Court properly, inter alia, granted the defendant's motion to vacate so much of an amended judgment dated October 5, 2009, as enjoined the defendant from taking action to transfer, sell, or encumber certain real property owned by...
real property - real property
LONG SLAND LIGHTING COMPANY v. CHESTNUT STATION, INC., 020515-09 (6-5-2012)
No. 020515-09
June 5, 2012
B. The Parties' History The parties' history is set forth in detail in a prior decision of the Court dated July 15, 2010 ("Prior Decision") (Ex. B to Duffy Aff. in Supp.) which addressed a prior motion filed by Plaintiff ("Prior Motion"). In the Prior Decision, the Court 1) granted Plaintiff's motion for a default judgment against Defendant Chestnut Station, Inc. ("CSI") on the fourth cause of action in the Complaint in the sum of $118,677.33, plus costs and attorney's fees to be determined at an ... As noted in the Prior Decision, CSI is a New York corporation that became inactive on or about July 29, 2009 due to dissolution by proclamation of the New York Department of State. Catanese was and continues to be President of SCI. Catanese, in his capacity as President of CSI, made a...
real property - real property
WOZNIAK v. CITY OF NEW YORK, 109178/09 (6-15-2012)
109178/09
Decided on June 15, 2012
Plaintiff testified that he walked up a wooden staircase leading to a doorway which he believed to be the exit. (Id. at 35-36.) According to plaintiff, "It was dark, there were no signs." (Id.) Plaintiff testified that he stepped through "the threshold of the doorway, which caused [him] to lose [his] balance because there was approximately a five or six foot drop. . ." (Id. at 36.) When asked if the doorway was the same set of doors that he came through to start the training, plaintiff answered, "No. I ... "The proponent of a summary judgment motion must make a prima facie showing of entitlement to judgment as a matter of law, tendering sufficient evidence to demonstrate the absence of any material issues of fact. Failure to make such prima facie showing requires a denial of the motion, regardless...
real property - real property
IN THE MATTER OF PASHAD, 2011-391/A (6-5-2012)
2011-391/A
Decided June 5, 2012
In thisSCPA § 2103 discovery proceeding, Petitioner, Chad Pashad, the duly appointed Administrator of this Estate and sole distributee, moves this Court pursuant to CPLR Rule 3212 for partial summary judgment to invalidate the deed that was executed on June 6, 2011 transferring the Decedent's former home located at 442 Hulett Street, Schenectady, New York, to the Respondents. In support of his argument that the deed should be invalidated, the Petitioner alleges that based on the Affidavits of the ... In opposition to the Motion, the Respondents argue that the Petitioner has not met his initial burden to show that no triable issues of material fact exist, thereby precluding summary judgment from being granted to the Petitioner. The Respondents further contend that even if the Court were to find that the...
real estate - real estate
BARNS & FARMS REALTY v. NOVELLI, 6264/08 (12-21-2009)
6264/08
Decided on December 21, 2009
Even if the court were to find that defendants Novelli and Bouchard had failed to appear and answer the complaint, the plaintiff has failed to establish, on a prima facie basis, that it is entitled to judgment as a matter of law. First, the plaintiff's complaint fails to allege that it is a licensed real estate broker entitled to bring an action for commissions. On this motion, the plaintiff alleges that it is licensed to sell real estate in New York but provides a license that was effective March 12, ... SUMMARY JUDGMENT It is well settled that in order "to obtain summary judgment, it is necessary that the movant establish his or her cause of action or defense sufficiently to warrant the court as a matter of law in directing judgment' in his or her favor (CPLR 3212[b]), and he or she must...
real estate - real estate
LONG SLAND LIGHTING COMPANY v. CHESTNUT STATION, INC., 020515-09 (6-5-2012)
No. 020515-09
June 5, 2012
B. The Parties' History The parties' history is set forth in detail in a prior decision of the Court dated July 15, 2010 ("Prior Decision") (Ex. B to Duffy Aff. in Supp.) which addressed a prior motion filed by Plaintiff ("Prior Motion"). In the Prior Decision, the Court 1) granted Plaintiff's motion for a default judgment against Defendant Chestnut Station, Inc. ("CSI") on the fourth cause of action in the Complaint in the sum of $118,677.33, plus costs and attorney's fees to be determined at an ... As noted in the Prior Decision, CSI is a New York corporation that became inactive on or about July 29, 2009 due to dissolution by proclamation of the New York Department of State. Catanese was and continues to be President of SCI. Catanese, in his capacity as President of CSI, made a...
real estate - real estate
CIMERRING v. MERRILL LYNCH MORTGAGE INVESTORS, 8727/2011 (6-13-2012)
8727/2011
Decided on June 13, 2012
FACTS AND PROCEDURAL HISTORY The Lee Hall Loan Plaintiff Avram Cimerring (Cimerring)[fn1] and non-party Ran Nizan (Nizan) were the principals of Lee Hall LLC (Lee Hall), a company that sought financing for the purchase of four apartment complexes in Virginia (the mortgaged property). Cimerring and Nizan Page 2 executed a personal guaranty (the Guaranty) on a Deed of Trust note (the Note) in order for Lee Hall to obtain a $17.4 million commercial mortgage loan (the Lee Hall Loan) from Wexford Bancorp (... UBS then sold the Lee Hall Loan, as part of a pool of commercial mortgages, to Merrill Lynch Mortgage Investors, Inc. (MLMI) pursuant to a Mortgage Loan Purchase Agreement (the MLPA) dated November 1, 1999. The purchase price for the pool of loans was allegedly based on the...
deed - deed
GOLDING v. NATIONSCREDIT FINANCIAL SERVICES CORPORATION, 14418/2011 (4-17-2012)
No. 14418/2011
April 17, 2012
Plaintiff seeks recission of the Equicredit of NY, Ameriquest Mortgage Company, Household Finance Corporation, HSBC and Citibank Loans as well as compensatory and punitive damages on the basis of fraud, civil conspiracy to commit fraud, negligent misrepresentation and promissory estoppel. Pursuant to the complaint, Page 3 defendant Stuart Schoenfeld was the attorney assigned to the mortgage transaction and received an attorney's fee from Ameriquest. The complaint states that in 1998, Smith had a ... In opposition, plaintiff claims that Schoenfeld prepared the deed transferring ownership in Smith's home, and was the attorney assigned to the mortgage transaction. Plaintiff's counsel also contends, Page 4 with respect to the statute of limitations defense, that there is a...
deed - deed
CIMERRING v. MERRILL LYNCH MORTGAGE INVESTORS, 8727/2011 (6-13-2012)
8727/2011
Decided on June 13, 2012
FACTS AND PROCEDURAL HISTORY The Lee Hall Loan Plaintiff Avram Cimerring (Cimerring)[fn1] and non-party Ran Nizan (Nizan) were the principals of Lee Hall LLC (Lee Hall), a company that sought financing for the purchase of four apartment complexes in Virginia (the mortgaged property). Cimerring and Nizan Page 2 executed a personal guaranty (the Guaranty) on a Deed of Trust note (the Note) in order for Lee Hall to obtain a $17.4 million commercial mortgage loan (the Lee Hall Loan) from Wexford Bancorp (... UBS then sold the Lee Hall Loan, as part of a pool of commercial mortgages, to Merrill Lynch Mortgage Investors, Inc. (MLMI) pursuant to a Mortgage Loan Purchase Agreement (the MLPA) dated November 1, 1999. The purchase price for the pool of loans was allegedly based on the...
deed - deed
IN THE MATTER OF PASHAD, 2011-391/A (6-5-2012)
2011-391/A
Decided June 5, 2012
In thisSCPA § 2103 discovery proceeding, Petitioner, Chad Pashad, the duly appointed Administrator of this Estate and sole distributee, moves this Court pursuant to CPLR Rule 3212 for partial summary judgment to invalidate the deed that was executed on June 6, 2011 transferring the Decedent's former home located at 442 Hulett Street, Schenectady, New York, to the Respondents. In support of his argument that the deed should be invalidated, the Petitioner alleges that based on the Affidavits of the ... In opposition to the Motion, the Respondents argue that the Petitioner has not met his initial burden to show that no triable issues of material fact exist, thereby precluding summary judgment from being granted to the Petitioner. The Respondents further contend that even if the Court were to find that the...
real property - real property
IN THE MATTER OF JOY BUILDERS, INC. v. CONKLIN, 2012-00452 (2d Dept 6-20-2012)
2012-00452
Decided on June 20, 2012
DECISION ~amp~ ORDER The taxable status of real property "shall be determined annually according to its condition and ownership" as it exists on the relevant taxable status date (RPTL 302[1]; see Matter of Seidel v Board of Assessors, County of Nassau, 88 AD3d 369, 375; Matter of Ross v Town of Santa Clara, 266 AD2d 678, 680-681; Matter of Alexander's Dept. Store of Val. Stream v Board of Assessors, 227 AD2d 549). The assessed value of the property may not be based upon "some future contemplated use'" (...
real property - real property
IN THE MATTER OF ROZZ v. NASSAU COUNTY DEPARTMENT OF ASSESSMENT, 2010-06508 (2d Dept 6-20-2012)
2010-06508
Decided on June 20, 2012
On January 8, 2010, the appellant filed an Application for Refund and Credit of Real Property Taxes, pursuant to Real Property Tax Law § 556, seeking a refund of the alleged overpayment for the 2006/2007 tax year. In his application, the appellant alleged, among other things, that his property had been erroneously reclassified due to an inspection conducted by a Nassau County police officer who was not an official appraiser, and thereafter the DOA and Receiver of Taxes for the Town of Hempstead (... The appellant commenced this hybrid proceeding pursuant to CPLR article 78 and declaratory judgment action, alleging that the respondents failed to comply with the procedures set forth in Real Property Tax Law § 556 regarding the filing and investigation of...
real property - real property
IN THE MATTER OF LEE, 2011-03406 (2d Dept 6-20-2012)
2011-03406
Decided on June 20, 2012
DECISION ~amp~ ORDER According to the amended complaint, the subject residential premises was inherited in 1989 by the decedent, who was the cousin of Shirley M. Kinard and Alisa Dawn Johnson (hereinafter the plaintiffs). The decedent then abandoned the property. Johnson took possession of the premises in 1993, and her mother, Kinard, joined her in possession in August 2000. They never sought or had the express or implied permission or consent of the decedent to use or take possession of the premises. ... The decedent died on or about August 27, 2005, in Wisconsin. On or about February 22, 2010, Kinard commenced this action in the Supreme Court against Lois Rosenblatt, the Public Administrator, seeking a determination that Kinard obtained title to the premises via adverse possession. By order...
real property - real property
BACKUS v. LYME ADIRONDACK TIMBERLANDS II, LLC, 513012 (3d Dept 6-21-2012)
513012
Calendar Date: April 24, 2012 Decided and Entered: June 21, 2012
MEMORANDUM AND ORDER In 2004, plaintiff entered into an oral contract with Clarence Bevins and DeDe Bevins to purchase a parcel of land in Essex County. Plaintiff immediately took possession of the property, began paying taxes on it and apparently began making installment payments to the Bevinses. In May 2007, Lyme Adirondack Timber Sales, Inc., which owns an adjacent parcel of property, entered into a contract with defendant Trent Abare to harvest timber. On July 2, 2007, plaintiff made the last ... In February 2010, plaintiff commenced this action pursuant to RPAPL 861 against defendants Lyme Adirondack Timberlands II, LLC (hereinafter Lyme), Abare, licensed forester Benjamin Pokon and two unknown companies for, among other things, the...
deed - deed
BACKUS v. LYME ADIRONDACK TIMBERLANDS II, LLC, 513012 (3d Dept 6-21-2012)
513012
Calendar Date: April 24, 2012 Decided and Entered: June 21, 2012
MEMORANDUM AND ORDER In 2004, plaintiff entered into an oral contract with Clarence Bevins and DeDe Bevins to purchase a parcel of land in Essex County. Plaintiff immediately took possession of the property, began paying taxes on it and apparently began making installment payments to the Bevinses. In May 2007, Lyme Adirondack Timber Sales, Inc., which owns an adjacent parcel of property, entered into a contract with defendant Trent Abare to harvest timber. On July 2, 2007, plaintiff made the last ... In February 2010, plaintiff commenced this action pursuant to RPAPL 861 against defendants Lyme Adirondack Timberlands II, LLC (hereinafter Lyme), Abare, licensed forester Benjamin Pokon and two unknown companies for, among other things, the...
mortgage foreclosure - mortgage foreclosure
HOFFMAN v. CITY OF OLEAN, 79951 (6-21-2012)
79951
Decided on June 21, 2012
Petitioners' first claim against the County is that it acted as the City's agent when it placed the relevy on the County tax bills and brought a foreclosure action. When petitioners refused to pay their water and sewer bills and city taxes, Olean sent the County an account of those unpaid amounts. As required by Real Property Tax Law (RPTL) § 936, the County paid Olean the unpaid amounts and relevied these amounts on petitioners' County tax bills. When those amounts remained unpaid, the County Treasurer... Petitioners ignore the fact that the law imposes these duties on the Treasurer and argue that the County "cannot claim it is immune for placing on its County tax bill a charge it knows to be false on the notion that the County is just a ministerial robot . . ." (affidavit of John Richard Streb, verified...
real property - real property
380 YORKTOWN FOOD CORP. v. 380 DOWNING DRIVE, LLC, 55188/11 (3-9-2012)
55188/11
Decided on March 9, 2012
Plaintiff, 380 Yorktown Food Corp. ("Plaintiff" or "Yorktown Food") moves, pursuant to CPLR 3212, for an order granting it summary judgment and a judgment declaring the rights, responsibilities and obligations of the parties with regard to a sublease entered into between Plaintiff and non-party The Great Atlantic ~amp~ Pacific Tea Company ("A ~amp~ P") concerning property located at 380 Downing Drive, Yorktown Heights, New York (the "Property") dated July 23, 1992 (the "Sublease"). Defendant 380 Downing... Based on the allegations of the Complaint, Plaintiff asserts that Defendant and A ~amp~ P entered into the Overlease for the Property on May 21, 1971 and on July 23, 1992, A ~amp~ P entered into the Sublease with Plaintiff (Affidavit of Joseph Friedman, sworn to September 2,...
real property - real property
HOFFMAN v. CITY OF OLEAN, 79951 (6-21-2012)
79951
Decided on June 21, 2012
Petitioners' first claim against the County is that it acted as the City's agent when it placed the relevy on the County tax bills and brought a foreclosure action. When petitioners refused to pay their water and sewer bills and city taxes, Olean sent the County an account of those unpaid amounts. As required by Real Property Tax Law (RPTL) § 936, the County paid Olean the unpaid amounts and relevied these amounts on petitioners' County tax bills. When those amounts remained unpaid, the County Treasurer... Petitioners ignore the fact that the law imposes these duties on the Treasurer and argue that the County "cannot claim it is immune for placing on its County tax bill a charge it knows to be false on the notion that the County is just a ministerial robot . . ." (affidavit of John Richard Streb, verified...
real estate - real estate
PAYNE v. ELLISON, 602283/07 (1-14-2008)
602283/07
January 14, 2008
On the one hand, defendants contend that they were entitled to 50% of the SESAC and EMI advances, because the recording agreement provides that plaintiff would receive only 50% of the net earnings. Plaintiff argued that defendants were entitled to keep only 20% of the SESAC advance because the management agreement states that FKP's management fee would be 20% of the artist's gross earnings, including public performances, and the SESAC agreement concerns revenue generated from public performances of the ... 1 st Affirmative Defense: Failure to State a Cause of Action The failure to state a cause of action is not an affirmative defense. Rather, it is an ordinary defense. See e.g. Bentivegna v Meenan Oil Co., 126 AD2d 506 (2d Dept 1987) (holding that the defense must be raised in a 3211 motion, not interposed in an...
real estate - real estate
BUCK REALTY OF LONG ISLAND, INC. v. ELLIOTT, 3525/11 (6-5-2012)
No. 3525/11
June 5, 2012
Plaintiff Buck Realty of Long Island, Inc, (Buck) brings this action to recover commissions, alleging breach of contract, fraud and quantum meruit. The complaint alleges that "on or about November 1, 2009" Tod Buckvar entered into a commission agreement with defendant Shawn Elliott on behalf of Buck Realty (the alleged oral Agreement). The terms of the alleged oral Agreement required Elliott to find a person willing and able to purchase property located at 20 Wenwood Drive, Brookville, New York ("the ... Steck also avers that as a real estate broker who owns his own brokerage, he could have listed the property himself but did not because he trusted Elliott. Luxury Estates sold the property for $3,200,000. Luxury shared the 4½% commission with the Purchaser's agent, Century 21 Laffey Associates....
real estate - real estate
MIKE BLDG. & CONTR. INC. v. JUST HOMES, LLC, 31033/07 (6-18-2012)
31033/07
Decided on June 18, 2012
On November 3, 2011, Mr. Thompson conducted a public auction in the Courthouse at 360 Adams Street, Brooklyn, in conformity with the Order of this Court. In accordance with the Terms of Sale, the successful bidder on all three properties, BH Friel Place LLC (BH Friel), paid a ten percent deposit of $43,500, Page 2 against the successful bid price of $435,000, to Mr. Thompson who has held such sum in escrow. Pending closing, Mr. Thompson received a letter dated January 31, 2012, from Neal H. Sultzer, ...
real estate - real estate
380 YORKTOWN FOOD CORP. v. 380 DOWNING DRIVE, LLC, 55188/11 (3-9-2012)
55188/11
Decided on March 9, 2012
Plaintiff, 380 Yorktown Food Corp. ("Plaintiff" or "Yorktown Food") moves, pursuant to CPLR 3212, for an order granting it summary judgment and a judgment declaring the rights, responsibilities and obligations of the parties with regard to a sublease entered into between Plaintiff and non-party The Great Atlantic ~amp~ Pacific Tea Company ("A ~amp~ P") concerning property located at 380 Downing Drive, Yorktown Heights, New York (the "Property") dated July 23, 1992 (the "Sublease"). Defendant 380 Downing... Based on the allegations of the Complaint, Plaintiff asserts that Defendant and A ~amp~ P entered into the Overlease for the Property on May 21, 1971 and on July 23, 1992, A ~amp~ P entered into the Sublease with Plaintiff (Affidavit of Joseph Friedman, sworn to September 2,...
real estate - real estate
STEPHENSON v. TERRON-CARRERA, 09-2465 (6-5-2012)
No. 09-2465
June 5, 2012
On April 27, 2005, plaintiff and co-defendant Lillian Terron-Carrera ("Carrera"), purchased a single family house located at 129 Fox Run Lane in Aquebogue, New York (the "Property"). The Property was held by plaintiff and Carrera as joint tenants with the right of survivorship. Plaintiff and Carrera financed 100% of the $408,000 purchase price with loans from Fremont Investment ~amp~ Loan ("Fremont") in the amount of $326,400, secured by a first mortgage on the Property, and in the amount of $81,600, ...
deed - deed
STEPHENSON v. TERRON-CARRERA, 09-2465 (6-5-2012)
No. 09-2465
June 5, 2012
On April 27, 2005, plaintiff and co-defendant Lillian Terron-Carrera ("Carrera"), purchased a single family house located at 129 Fox Run Lane in Aquebogue, New York (the "Property"). The Property was held by plaintiff and Carrera as joint tenants with the right of survivorship. Plaintiff and Carrera financed 100% of the $408,000 purchase price with loans from Fremont Investment ~amp~ Loan ("Fremont") in the amount of $326,400, secured by a first mortgage on the Property, and in the amount of $81,600, ...
deed - deed
NEW YORK COMMUNITY BANK v. LEE, 13712-11 (6-6-2012)
13712-11
June 6, 2012
This matter is before the Court for decision on the motion filed by Plaintiff New York Community Bank ("Plaintiff" or "NYCB") on March 8, 2012 and submitted on April 17, 2012. For the reasons set forth below, the Court grants the motion to the extent that the Court 1) grants Plaintiff summary judgment against Defendant R. Randy Lee on the first cause of action in the Complaint in the amount of $947,203.44 in principal, plus unpaid interest at the Contract Rate and Default Rate, late charges, and costs ...
"certiorari" and "real property" - "certiorari" and "real property"
STATE v. SHINNECOCK INDIAN NATION, 08-1194-cv (2nd Cir. 6-25-2012)
Nos. 08-1194-cv(L), 08-1195-cv(CON)
Decided: June 25, 2012
The Shinnecock Indian Nation and its tribal officials (collectively, the "Shinnecock" or the "Tribe") appeal from a Page 3 judgment of the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge). After a bench trial, the district court granted a permanent injunction prohibiting the Tribe from developing a casino on a plot of land known as Westwoods without complying with the laws of New York State and the Town of Southampton. The Shinnecock object to a number of the ...
real property - real property
STATE v. SHINNECOCK INDIAN NATION, 08-1194-cv (2nd Cir. 6-25-2012)
Nos. 08-1194-cv(L), 08-1195-cv(CON)
Decided: June 25, 2012
The Shinnecock Indian Nation and its tribal officials (collectively, the "Shinnecock" or the "Tribe") appeal from a Page 3 judgment of the United States District Court for the Eastern District of New York (Joseph F. Bianco, Judge). After a bench trial, the district court granted a permanent injunction prohibiting the Tribe from developing a casino on a plot of land known as Westwoods without complying with the laws of New York State and the Town of Southampton. The Shinnecock object to a number of the ...
title insurance - title insurance
MAHON v. TICOR TITLE INSURANCE COMPANY, 10-3005-cv (2nd Cir. 6-25-2012)
No. 10-3005-cv
Decided: June 25, 2012
Appeal from a partial judgment of the United States District Court for the District of Connecticut (Alvin W. Thompson, Judge) dismissing from the case Defendants-Appellees Ticor Title Insurance Company and Ticor Title Insurance Company of Florida on the basis that Plaintiff-Appellant Deborah Mahon lacks Article III standing to sue them because she does not allege that they injured her. Mahon argues that the district court erred because Article III requires only that she have suffered an injury at the ... II. Procedural History On April 28, 2009, Mahon sued Chicago Title and the Ticor entities for the overcharge on behalf of herself and similarly situated individuals. She alleges a class comprised of those who paid for title insurance from Chicago Title or the Ticor entities...
real property - real property
NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND v. VERIZON NY INC., 650193/09 (6-11-2012)
650193/09
Decided on June 11, 2012
This action arises out of plaintiff's sale, almost 40 years ago, to New York Telephone Company ("Telco"), the predecessor of defendant Verizon New York Inc. f/k/a New York Telephone Co. ("Verizon"), of a plot of land designated as Block 113, Lot 150 on the Tax Map of New York County, together with certain specified development rights. Plaintiff ("ECF" or the "Fund") is a New York public benefit corporation that was created in 1966 "to facilitate the timely construction of [elementary and secondary] ... Verizon further contends that ECF failed to conduct any independent diligence to confirm the amount of zoning floor area contained in the Verizon Building prior to the 2007 transactions culminating in the transfer of title to Verizon under the 1972 Contract. ECF's...
real property - real property
HABERMAN v. XANDER CORP., 021508/10 (6-11-2012)
021508/10
June 11, 2012
Upon the foregoing papers, the motion (Mot. Seq. 01) pursuant to CPLR § 3211 (a) (1), (4) and (7) by the Third-Party Defendant, Michael Zapson and Davidoff Malito and Hutcher, LLP (DMH) seeking to dismiss the Third-Party complaint; the Order to Show Cause (Mot. Seq. 02) brought pursuant to CPLR § 602 by the Defendant/Third-Party Plaintiff, Xander Corp. (Xander) seeking consolidation of an action pending in the Supreme Court: Nassau County before the Hon. Antonio Brandveen under Index No. 002946/10, ... It appears from the Third-Party complaint that in or about October 2002, the Third-Party Defendant, Michael Zapson,[fn2] and later the Defendant, DMH, was retained by the Defendant/Third-Party Plaintiff, Xander, to represent it in connection with a legal matter relating to a parcel of real property known as 350...
real estate - real estate
NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND v. VERIZON NY INC., 650193/09 (6-11-2012)
650193/09
Decided on June 11, 2012
This action arises out of plaintiff's sale, almost 40 years ago, to New York Telephone Company ("Telco"), the predecessor of defendant Verizon New York Inc. f/k/a New York Telephone Co. ("Verizon"), of a plot of land designated as Block 113, Lot 150 on the Tax Map of New York County, together with certain specified development rights. Plaintiff ("ECF" or the "Fund") is a New York public benefit corporation that was created in 1966 "to facilitate the timely construction of [elementary and secondary] ... Verizon further contends that ECF failed to conduct any independent diligence to confirm the amount of zoning floor area contained in the Verizon Building prior to the 2007 transactions culminating in the transfer of title to Verizon under the 1972 Contract. ECF's...
real estate - real estate
POLUBOCZEK v. P.C. RICHARD & SON, 16411/10 (6-7-2012)
16411/10
June 7, 2012
This is a negligence action by plaintiff to recover for personal injuries sustained on May 5, 2009, when he allegedly was caused to slip, trip and or fall due to an alleged defect in the sidewalk in front of 3518 Steinway Street, Astoria, New York. The property is owned by King Kullen and subleased to PC Richard. PC Richard moves to vacate a Notice to Admit and for a protective order as to the same. King Kullen moves for summary judgment in its Page 2 favor or, alternatively, for summary judgment on its... John Bogdanos testified on behalf of PC Richard as follows: he is the general manager of the PC Richard store in Astoria. At the time of the accident, a portion of the sidewalk abutting the premises was raised and cracked. This condition developed over a period of years due to the growth of a nearby...
deed - deed
NEW YORK CITY EDUCATIONAL CONSTRUCTION FUND v. VERIZON NY INC., 650193/09 (6-11-2012)
650193/09
Decided on June 11, 2012
This action arises out of plaintiff's sale, almost 40 years ago, to New York Telephone Company ("Telco"), the predecessor of defendant Verizon New York Inc. f/k/a New York Telephone Co. ("Verizon"), of a plot of land designated as Block 113, Lot 150 on the Tax Map of New York County, together with certain specified development rights. Plaintiff ("ECF" or the "Fund") is a New York public benefit corporation that was created in 1966 "to facilitate the timely construction of [elementary and secondary] ... Verizon further contends that ECF failed to conduct any independent diligence to confirm the amount of zoning floor area contained in the Verizon Building prior to the 2007 transactions culminating in the transfer of title to Verizon under the 1972 Contract. ECF's...
real estate - real estate
ZHENG v. CITY OF NEW YORK, 147 (N.Y. 6-D-2012)
No. 147
Decided on June 26, 2012
Plaintiffs claim that the City of New York is contractually obligated to pay rent subsidies to their landlords under the Advantage New York program until expiration of their leases. State and Federal reimbursement for two-thirds of the Advantage program's costs ended on April 1, 2011, causing the City to discontinue it as of that date. Both lower courts found that the City did not intend to enter into enforceable contracts with plaintiffs or their landlords under the Advantage program, and the record ... The City created the Advantage rental assistance program in 2007 to help homeless single adults and families achieve independent living. The Advantage program replaced and was designed to fix unanticipated problems thought to compromise the effectiveness of a predecessor program called Housing Stability...
real estate - real estate
ALVAREZ v. REYES, 8013 (1st Dept 6-26-2012)
8013
Decided on June 26, 2012
In this personal injury action arising from a pedestrian knockdown, plaintiff's prior counsel moved for a hearing on the amount of the charging lien, if any, that the firm was entitled to. Opposing that motion, incoming counsel made allegations of misconduct, and argued that the alleged misconduct should result in prior counsel's loss of any lien. At the close of a sealed ex parte hearing, at which plaintiff testified, Justice Williams determined that incoming counsel's allegations were unfounded and ... Plaintiff did not waive her attorney-client privilege here by placing her communications "at issue" (see Deutsche Bank Trust Co. of Ams. v Tri-Links Inv. Trust, 43 AD3d 56, 63 [2007]). Plaintiff's communications with prior counsel were raised only in the context of a fee dispute between attorneys, which had...
"certiorari" and "real property" - "certiorari" and "real property"
NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012)
Nos. 11-393, 11-398 and, 11-400
Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011
Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the...
real property - real property
NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012)
Nos. 11-393, 11-398 and, 11-400
Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011
Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the...
real estate - real estate
NATIONAL FEDERATION OF INDEPENDENT BUSINESS v. SEBELIUS, 11-393 (U.S. 6-28-2012)
Nos. 11-393, 11-398 and, 11-400
Argued March 26, 27, 28, 2012, Decided June 28, 2012[fn*] OCTOBER TERM, 2011
Ultimately, the Court upholds the individual mandate as a proper exercise of Congress' power to tax and spend "for the . . . general Welfare of the United States." Art. I, § 8, cl. 1; ante, at 43-44. I concur in that determination, which makes THE CHIEF JUSTICE's Commerce Clause essay all the more puzzling. Why should THE CHIEF JUSTICE strive so mightily to hem in Congress' capacity to meet the new problems arising constantly in our ever-developing modern economy? Consider also that Congress could have repealed Medicaid. See supra, at 38-39 (citing 42 U. S. C. § 1304); Brief for Petitioners in No. 11-400, p. 41. Thereafter, Congress could have enacted Medicaid II, a new program combining the...
mechanic's lien - mechanic's lien
MAZEH CONSTRUCTION CORP. v. VNB NEW YORK CORP., 500728/11 (6-11-2012)
500728/11
Decided on June 11, 2012
BACKGROUND This case arises out of the construction loan provided to defendant 102 Mews LLC by defendants' predecessor banks, Liberty Pointe Bank and United Commercial Bank for a ten story residential building located at 991-995 Willoughby Avenue, Brooklyn ("Property"). The motion is addressed exclusively to the sufficiency of the complaint as no supporting documents or affidavit by a person with knowledge was submitted by any party. According to the verified complaint, Liberty Pointe Bank and United ...
real property - real property
BRIDGEHAMPTON DEVELOPMENT CORP. v. COUNTY OF SUFFOLK, 2011-02178 (2d Dept 6-20-2012)
2011-02178
Decided on June 20, 2012
In a hybrid action pursuant to RPAPL article 15, inter alia, for a judgment declaring that the plaintiff has the right to redeem certain real property, and proceeding pursuant to CPLR article 78 to review a determination of the County of Suffolk and Patricia B. Zielenski, as Division Director of the Suffolk County Department of Planning, Division of Real Estate, dated April 9, 2004, which cancelled the redemption of the subject property, the appeal is from a judgment of the Supreme Court, Suffolk County...
real property - real property
A.J.P. AUTO SALES LIMITED, INC. v. DEJANA, 2011-06659 (2d Dept 6-20-2012)
2011-06659
Decided on June 20, 2012
DECISION ~amp~ ORDER The plaintiffs and the defendants own neighboring parcels of real property. The plaintiffs commenced this action pursuant to RPAPL article 20, inter alia, to determine their claims to an alleged easement over a certain portion of the defendants' property, as described in the deed conveying the burdened property to the defendants' predecessor-in-interest, and enjoining the defendants from interfering with the plaintiffs' use of the easement. After a nonjury trial, the Supreme Court, ... Contrary to the defendants' contentions, the plaintiffs established at trial the existence of an easement, as to which the defendants had notice in the defendants' recorded chain of title (see Corrarino v Byrnes, 43 AD3d 421, 423; Breakers Motel v Sunbeach Montauk Two, 224...
real property - real property
BOARD OF MANAGERS OF NATIONAL PLAZA CONDOMINIUM I v. ASTORIA PLAZA, LLC, 2011-01150 (2d Dept 6-20-2012)
2011-01150
Decided on June 20, 2012
In an action to foreclose liens upon condominium units for nonpayment of common charges, the defendant Astoria Plaza, LLC, appeals from a judgment of the Supreme Court, Queens County (Golia, J.), entered January 3, 2011, which, upon a decision of the same court entered October 18, 2010, made after a nonjury trial, is in favor of the plaintiff and against it in the principal sum of $120,943.96. Ordered that the judgment is modified, on the facts, by reducing the amount awarded to the plaintiff from the principal sum of $120,943.96 to the principal sum of $110,143.96; as so modified, the judgment is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court, Queens County, for entry of an appropriate amended judgment....
real property - real property
DEUTSCH v. TWERSKY, 2011-10193 (2d Dept 6-20-2012)
2011-10193
Decided on June 20, 2012
In an action, inter alia, to determine the validity of a deed purporting to convey certain real property located in Romania, the plaintiff appeals from an order of the Supreme Court, Kings County (Silber, J.), dated September 6, 2011, which, among other things, granted the defendant's motion to vacate so much of an amended judgment of the same court (Starkey, J.), dated October 5, 2009, as, after a hearing, enjoined the defendant from taking action to transfer, sell, or encumber the subject real ... DECISION ~amp~ ORDER Contrary to the plaintiff's contention, the Supreme Court properly, inter alia, granted the defendant's motion to vacate so much of an amended judgment dated October 5, 2009, as enjoined the defendant from taking action to transfer, sell, or encumber certain real property owned by...
real estate - real estate
BRIDGEHAMPTON DEVELOPMENT CORP. v. COUNTY OF SUFFOLK, 2011-02178 (2d Dept 6-20-2012)
2011-02178
Decided on June 20, 2012
In a hybrid action pursuant to RPAPL article 15, inter alia, for a judgment declaring that the plaintiff has the right to redeem certain real property, and proceeding pursuant to CPLR article 78 to review a determination of the County of Suffolk and Patricia B. Zielenski, as Division Director of the Suffolk County Department of Planning, Division of Real Estate, dated April 9, 2004, which cancelled the redemption of the subject property, the appeal is from a judgment of the Supreme Court, Suffolk County...
deed - deed
BRIDGEHAMPTON DEVELOPMENT CORP. v. COUNTY OF SUFFOLK, 2011-02178 (2d Dept 6-20-2012)
2011-02178
Decided on June 20, 2012
In a hybrid action pursuant to RPAPL article 15, inter alia, for a judgment declaring that the plaintiff has the right to redeem certain real property, and proceeding pursuant to CPLR article 78 to review a determination of the County of Suffolk and Patricia B. Zielenski, as Division Director of the Suffolk County Department of Planning, Division of Real Estate, dated April 9, 2004, which cancelled the redemption of the subject property, the appeal is from a judgment of the Supreme Court, Suffolk County...
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