In a recent decision in Tsung Tsin Ass'n v. Tian Xiang Zhu, Index No. 651584/2023, Doc. No. 213, 2023 BL 426536 (Sup. Ct. N.Y. Cnty. Nov. 16, 2023), Justice Schecter of the New York.
On April 28, 2023, Justice Reed of the New York County Commercial Division issued decisions on motions to bifurcate proceedings, compel discovery, and impose sanctions in ASM Capital,.
On November 10, 2021, a Commercial Division Court issued a decision on a motion to dismiss the claims brought by Wilmington Trust Company (“WTC”) against a wide range of parties that.
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Everything old is new again. As the
pandemic s impact on the real estate industry
matures, lenders are becoming more reluctant to keep
kicking the can down the proverbial road and are
taking action to enforce their rights. The raft of
litigation arising out of pandemic-induced foreclosure
actions and diligence-intensive distressed deals are
causing lenders and borrowers alike to carefully
scrutinize their loan documentation. Methods of
enforcement and potential defenses are critical.
Both mezzanine lenders contemplating foreclosure, and
mezzanine borrowers considering their options, would be