Governor Cuomo’s Executive Order 202.7 signed on March 19, 2020 authorized notaries public to officiate documents remotely using what is known as Remote Ink Notarization (“RIN”). RIN allows a person seeking a notary’s services, using audiovisual technology, to ink-sign a document signed at a location different from the notary. The ink-sign...
Recent Posts by Mike Berey
For a foreclosure commenced in 2010 the Plaintiff elected to call due to the entire amount secured by the mortgage. That action was dismissed in 2012. In 2016, Plaintiff brought an action under New York’s Real Property Actions and Proceedings Law Article 15 (“Action to compel the determination of a claim to real property”) to have the mortgage...
Topics: Mortgages statue of limitations
As noted by the Supreme Court, Kings County, the issuance of a Yellowstone injunction must be predicated on an action for a declaratory judgment. Leases entered into in 2010 provided that the tenants waived the right to bring declaratory judgment actions with respect to any lease provision or any notice sent pursuant to the leases. Based on that...
The ground lessee of tax Block 248 Lot 76 in New York County and its mortgagee, the Plaintiffs, objected to the expansion of a zoning lot which included tax lots 15 and 76. The Plaintiffs had each executed a Waiver of Declaration of Zoning Lot when those tax lots 15 and 76 were combined into a single zoning lot. The Plaintiffs asserted that the...
Topics: CRE land zoning
A number of decisions were handed down on the impact of the Pandemic on commercial leases.
New York City has enacted Local Law No. 55-2020, adding Administrative Code Section 22-1005 (“Personal liability provisions in commercial leases”), also known as the “Guaranty Law.” The Guaranty Law provides, in part, the following:
In Atlas MF Mezzanine Borrower, LLC v. Macquarie Texas Loan Holder LLC, 2019 NY Slip Op 04495, decided June 6, 2019, the Appellate Division, First Department, dismissed causes of action seeking an Order overturning a mezzanine loan foreclosure sale, on grounds including claims that the lender breached the duty of good faith and fair dealing by not...
Topics: mezzanine loan