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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.
By Lisa Clare Kombrink
The Appellate Division, Second Department, recently decided Long Island Pine Barrens Society, Inc. v. Suffolk County Legislature, an important case that pitted the interests of farmers and conservationists against a local advocacy group focused on open space and water quality.
Broker Agreed to Commission Based on Rent for First Five Years of Lease
Statements in Earlier Action Did Not Accelerate Mortgage and Trigger Statute of Limitations
Death Does Not Extend Foreclosure Limitations Period
Neighbor Granted Statutory Licence to Paint Fence
Record Did Not Establish Conveyance of Easement
Co-Tenant Entitled to Partition
Town Entitled To Injunctive Relief for Violation of Certificate of Occupancy
Guarantor May Not Interpose Wrongful Eviction Defense
Landlord Bound by Renewal Lease Signed After Judgment of Possession
Notice of Nonrewnal Sufficient to Withstand Jurisdictional Challenge
Incarcerated Son Not Entitled to Succession Rights
Occupant Did Not Establish Succession Rights
Court Dismisses Tortious Interference Claim By Holder of First Refusal Right