A recent case from Supreme Court, New York County, brings clarity to a conflict that can arise when a building that shares a party wall is demolished and the site is redeveloped without relying on the party wall. In 145 W. 21st Realty LLC v. First West 21st Street LLC,…
For those in the construction industry, mechanics’ liens are sure to be a familiar occurrence. And, for those who have ever had a project of theirs liened, they will be aware of the tenacity of these legal devices. Mechanics’ liens are frustrating clouds on title and even though the party…
General Business Law § 771 provides a host of requirements for home improvement contracts, chief among them being that such contracts must be in writing and signed by all parties. Additionally, the contract must contain the name, address, telephone number, and license number of the contractor, the dates that the…
Section 1312(a) of the Business Corporation Law, New York’s “door closing” statute, precludes foreign corporations doing business in the state without authority from maintaining an action in the state. The purpose of this statute is to regulate foreign companies actually conducting business in the state. As held in Special Breaks,…
Claims involving adjoining land owners have proliferated in the last several years as construction activities in the New York City area have continued to be especially active. One area of concern, especially for builders of town houses and other residences is how to deal with party walls. The First Department, in…
Courts are increasingly being called upon to decide disputes over access to a neighboring property during construction, and their guide is RPAPL § 881, titled “Access to adjoining property to make improvements or repairs.” However, because the statue is vague, a body of cases interpreting RPAPL § 881 has developed…
A New York court recently recognized the importance of the public’s access to government records. On December 13, 2016, Justice Robert J. Muller granted Petitioners access under the Freedom of Information Law (“FOIL”) to a hearing officer’s report and recommendation that was considered by the City of Glens Falls Common…
The Second Department recently held in New York Military Academy v. NewOpen Group, 142 A.D.3d 489, 36 N.Y.S.3d 199 (2d Dep’t 2016), that a letter of intent (“LOI”) is unenforceable if it merely constitutes an agreement to agree. There is nothing especially new about that, but this decision serves as…
“Shadow docketing” is the practice of filing a foreclosure action but waiting years to file an RJI, thus delaying court involvement that would otherwise move the case forward. Because of the priority structure in New York foreclosure proceedings (explained below), and because bank lenders recover not just the full outstanding…
The sponsor of a condominium complex attempted to hold a subcontractor responsible for various construction defects in 610 West Realty, LLC v. Riverview West Contracting, LLC (N.Y. Sup. Ct. Co. Index No. 15537/2013). The Court, in a decision dated May 24, 2016, upheld the concept of privity in granting the…