NY Real Estate Case Law
Actual New York Real Estate Law Cases Listed Below
Read below to see if any Real Estate issues like the ones listed here are simlar to your real estate case.
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#1
New York Appellate Division ReportsDUBBS v. STRIBLING & ASSOCIATES, 274 A.D.2d 32
[1st Dept 2000]July 27, 2000.
A real estate broker who, after complying with disclosure requirements, contracts to purchase her client's apartment does not owe a continuing fiduciary duty to the client after the contract date. This action, which is rooted in a claim that defendants breached fiduciary duties to their client after execution of the contract, was therefore properly dismissed by Supreme Court...
#2
New York Appellate Division Reports390 WEST END AVENUE ASSOCIATES v. YOUNGSTEIN, 221 A.D.2d 292
[1st Dept 1995]November 30, 1995
Plaintiff partnership is the landlord of the building at the address for which it is named. Defendants Charles and Rachel Youngstein are the tenants of record of apartment 8J at the subject premises. Defendant Billie Gray, also known as Paula Gray, is the daughter of the Youngsteins and defendant Jennifer Gullage is Gray's daughter. Gray and Gullage presently reside in the apartment...
#3
New York Appellate Division ReportsSEIDEL v. 18 EAST 17TH STREET OWNERS, 175 A.D.2d 770
[1st Dept 1991]August 29, 1991
In addition to the issues delineated in Justice Glen's well-reasoned and comprehensive analysis, we note that the transaction in question may be susceptible to interpretation as a joint venture, and that the covenant of good faith implicit in all contracts would, in any event, dictate that plaintiffs realize the full benefit of this "investment opportunity", as did Ellen Raacke, whose mortgage loan and terms were identical to those of Eta Herbst...
#4
New York Appellate Division ReportsJKSP REST. v. NASSAU COUNTY, 127 A.D.2d 121
[2d Dept 1987]March 30, 1987
This case involves a dispute over the validity of the plaintiff's interest in a prefabricated Kullman dining car (diner) which was assembled onsite at 75 North Franklin Street in the Village of Hempstead, New York, and was formerly operated as the Hempstead Town House. The overriding issue raised on appeal is whether the Hempstead Town House diner is to be treated as realty or personalty. Under the circumstances of this case, we hold that the diner is a trade fixture and thus is personalty, subject to a factual determination as to whether it can be removed without material damage to the freehold...
#5
New York Appellate Division ReportsGRAFF v. BILLET, 101 A.D.2d 355
[2d Dept 1984]May 7, 1984
In March, 1981, the plaintiff broker showed a prospective purchaser a vacant parcel of land listed with him by the defendant seller. The broker subsequently drew up an agreement under which, inter alia, he would earn a commission for selling the parcel of land "as, if and when title passes, except for willful default on the part of the seller". The seller does not dispute the terms of this agreement. Before closing of title and before any written agreement was entered into between the prospective purchaser and the seller, the latter decided to accept a better offer from someone else. The broker then sued to recover his commission and Trial Term, after a Bench trial, entered judgment in his favor. For the reasons stated, we reverse and dismiss the complaint...
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