A church in East Harlem filed a petition seeking court approval for a mortgage on its house of worship, which was its sole asset, under Not-for-Profit Corporation Law Sections 510 (“Disposition of all or substantially all assets”) and 511 (“Petition for court approval”) and Religious Corporations Law (“RCL”) Section 12 (“Sale, mortgage and...
Topics: Mortgages, New York Mortgage Tax
The Plaintiff owned two adjoining units on the 16th floor of the Essex House Condominium. The Defendant owned two units on the 15th floor, directly below the Plaintiff’s units. The Board of Directors of the Condominium, also a Defendant, authorized the Defendant to replace a greenhouse on a terrace which is part of one of the Plaintiff’s units....
The Supreme Court, Suffolk County, granted the application the Petitioner had submitted to the Town of East Hampton’s Zoning Board for approval of a subdivision map and directed the Zoning Board to grant final approval. Intervenors opposed the application, filed a notice of pendency against the subject property, and moved for a corrected...
Topics: Commercial Real Estate
The Defendant-mortgagor died in 2009; a mortgage foreclosure was commenced in 2016. No representative was substituted for the decedent in the foreclosure. The foreclosing Plaintiff’s motion to vacate the foreclosure sale, the Order of Reference and the notice of pendency was granted by the Supreme Court, Queens County, which also vacated all...
Topics: foreclosure
A survey showed that a building under construction encroached up to 3.75 inches onto the Plaintiff Church’s property. Justice Modica of the Supreme Court, Queens County, serving as an Emergency Justice, held that the encroachments were not de minimis under the circumstances. The Court issued a temporary restraining order, pending a hearing on...
Topics: CRE trends, CRE
Plaintiffs sought to recover their property, alleging that they had conveyed their property to the Defendant based on the misrepresentation that the Defendant would assist them in effectuating a short sale to relieve them from a defaulted mortgage debt. The Plaintiffs asserted causes of action for deed reversion, quiet title, unjust enrichment,...