I hope this message finds you well as we move into the third quarter of 2024 and the start of summer. Below you will find the July 2024 edition of the FNF NY Agency Quarterly Legal Journal. This comprehensive journal encompasses insightful synopses of recent cases and developments in Real Estate, complete with copies of the reported cases and statutes.
Foreclosure Sale & Emergency Repair Charges
Kings County
White Oak Projects, LLC, v. Upreal Washington, LLC, 224 A.D.3d 718 (2d Dept. 2024). Decided February 7, 2024. This is an appeal taken by a successful bidder at a mortgage foreclosure sale. The appellant, after failing to close, sought an order to vacate the foreclosure sale and to direct the referee to return the down payment, on the ground that the terms of sale executed by the referee improperly required appellant to pay certain emergency repair charges that, it alleges were payable from the proceeds of the sale pursuant to the judgment… Read More and Case Cite
Action to Enforce an Easement / Cost Sharing Agreement
Westchester County
Highland Meadows Senior Housing Development Fund Company, Inc., v. Westchester County Health Care Crop., 226 A.D.3d 883 (2d Dept. 2024). Decided April 17, 2024. The parties own adjoining parcels that are each encumbered by a reciprocal easement agreement concerning an O-shaped private road providing access to the parcels. The easement agreement contains a cost-sharing provision stating that the defendant shall pay 51.4% of the actual costs for: (1) “any maintenance, repairs… Read More and Case Cite
Action to Enforce a Restrictive Covenant
Warren County
West Mountain Assets LLC v. Dobkowski, 2024 WL 1914294 (3rd Dept. 2024). Decided May 2, 2024. Plaintiff owns a parcel improved with a single-family residence. Plaintiff utilizes it as a short-term rental property through Airbnb, with stays ranging in duration from a few days to a couple of weeks. Defendants own an adjacent parcel where they reside full time. Both parcels abut a third parcel owned by plaintiff and defendants as co-tenants on which there is a gravel road providing access to their parcels. All parcels within the subdivision descend from a common grantor… Read More and Case Cite
Action for Declaratory Judgment Regarding Easement
Dutchess County
Whalen v. Town of Dover, 226 A.D.3d 847 (2d Dept. 2024). Decided April 10, 2024. The defendant, Town of Dover, owns real property in Dutchess County upon which Dover Stone Church is located. Stone Church is not a church. Rather it is a historic cavernous formation of metamorphic rock located within a wooded area more than one mile from the nearest highway. Plaintiff, Mildred Whalen, is the owner of property located between Stone… Read More and Case Cite
This bulletin is sent courtesy of CB Title Agency of NY, LLC and FNF Family of Companies. This article is for informational purposes only and is not intended to provide legal advice, but rather to provide insight into legal developments and issues that may be useful to our clients and friends. In no circumstance is this article intended to be a full treatment of the above subject matter. Reader is advised to obtain additional information as noted.