New York Law Journal | Expert Opinion
By Scott Mollen | February 14, 2023
Scott Mollen discusses "Bd. of Mgrs. of 325 Fifth Ave. Condo v. Cont'l Residential Holdings LLC," where a condominium board's lawsuit against the management company based on alleged construction defects was dismissed.
New York Law Journal | Expert Opinion
By James M. Roberts | February 14, 2023
A discussion of the recently decided case 'United States v. Blaszczak,' where the Second Circuit addressed the definition of "property" under the general federal fraud statutes, specific securities fraud statutes, as well as whether the personal benefit test should be required in an insider trading prosecution.
New York Law Journal | Expert Opinion
By Adam Leitman Bailey, Jackie Halpern Weinstein and Danny Ramrattan | February 14, 2023
This article highlights the main statutory amendments of FAPA—that took effect immediately and retroactively—and endeavors to guide lenders on adjusting its practices and procedures as needed to rightfully pursue their rights and remedies to collect on the money that was borrowed.
New York Law Journal | Expert Opinion
By Scott Mollen | February 7, 2023
Scott Mollen discusses "SEZ Foster LLC v. City of New York," where the court held that City of New York is not precluded from arbitrating land's fair market value, and "Potanovic v. Town of Stony Point," where the court dismissed a Section 1983 action alleging that the town violated First Amendment free speech rights, by omitting the public input part of town board meetings from Facebook live.
New York Law Journal | Expert Opinion
By Peter E. Fisch and Salvatore Gogliormella | February 7, 2023
Buyers and sellers of real estate must consider how legal principles pertaining to fraud might affect sellers' liability for any false statements made in the context of their transactions.
New York Law Journal | Expert Opinion
By Ilene Sherwyn Cooper | February 3, 2023
A discussion of several Surrogate's Court opinions that rounded out 2022 and those that "raised the curtain on the New Year."
New York Law Journal | Expert Opinion
By Gary M. Rosenberg, Alexander Lycoyannis and Michael A. Pensabene | January 31, 2023
The enforceability of undefined terms such as "best efforts" often turns on how the commercial lease is drafted. This article discusses how New York courts interpret and enforce these "efforts" clauses.
New York Law Journal | Expert Opinion
By Scott Mollen | January 31, 2023
Scott Mollen discusses "260-261 Madison Ave. LLC v. WeWork 261 Madison LLC," and NRP Mortgage Trust I v. 701 Elton Ave."
New York Law Journal | Expert Opinion
By Scott Mollen | January 24, 2023
Scott Mollen discusses "Palacio v. Moursy," where the court vacated the tenant's stipulation to vacate; and "Article 13 LLC v. Ponce de Leon Federal Bank" where denials of summary judgment in an action to Quiet Title to a Brooklyn property was explained.
New York Law Journal | Expert Opinion
By Anthony S. Guardino | January 24, 2023
Applications by wireless service providers to construct cell towers, and opposition to those applications, are governed by the Telecommunications Act of 1996 and by zoning and land use laws as provided in that law. This column discusses the principal governing law, recent FCC guidance, and notable court decisions in this area to provide a roadmap both for those seeking to install cell towers and those wanting to make sure that all rules are followed.
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