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Landlord Tenant Law Litigation

Cooperatives & Condominiums

Discussion and analysis of two pivotal cases.

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Vague Purchase Contract Bohensky v. 3912 Rainspring, LLC NYLJ 3/3/17, p. 37, col. 4 AppDiv, Second Dept. (memorandum opinion) In an action to foreclose a mortgage on a condominium unit, the unit’s occupants appealed from Supreme Court’s order striking their affirmative defense alleging that mortgagee was not a bona fide encumbrancer. The Appellate Division affirmed, holding that although occupants’ possession placed mortgagee on inquiry notice, inquiry would have revealed that occupants had no claim to the subject unit.

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