New York Law Journal | Expert Opinion
By Jeffrey B. Steiner and Megan Vallerie | January 18, 2023
In their Real Estate Financing column, Jeffrey Steiner and Megan Vallerie discuss the question of whether or not the exercise of remedies by a lender following a non-monetary event of default is enforceable.
New York Law Journal | Expert Opinion
By Scott Mollen | January 17, 2023
In this edition of his Realty Law Digest, Scott Mollen discusses "17 Lexington Ave. LLC v. Alison Six Star," where a blank commencement date did not render the subject lease agreement unenforceable, and "Spiegel v. 85th Estates Co.," where the court certified a class action in a tenants' suit against the landlord.
New York Law Journal | Expert Opinion
By Peter E. Bronstein and Eric A. Buckley | January 13, 2023
A discussion of the issues involved when divorcing spouses need to stay together in the home after commencement of divorce proceedings.
New York Law Journal | Expert Opinion
By Scott Mollen | January 10, 2023
Scott Mollen discusses two commercial landlord-tenant cases: "195 B Owner LLC v. Anthropologie," where it was held that pandemic executive orders excused the tenant's rent obligation under its lease provision, and "558 Seventh Ave. Corp. v. PKNY IV," where the court held that an invalidate certificate of occupancy does not bar a request for use and occupancy.
New York Law Journal | Expert Opinion
By Todd E. Soloway, Bryan T. Mohler, and Itai Y. Raz | January 10, 2023
In their continued series discussing strategies for distressed hotels, Todd Soloway, Bryan Mohler and Ital Raz take a look at the "complex" role of the hotel operator and explore some of the issues facing operators as they navigate uncertain times.
New York Law Journal | Expert Opinion
By Scott Mollen | January 3, 2023
Scott Mollen discusses "179-94 St. LLC v. Hassan," where the parties' broad release precluded a lawsuit for alleged misrepresentation in a property sale, "Roldan v. 11610 14 Rd. LLC," where the court awarded damages to a tenant living without running water, and "Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc.," where a settlement provision barred a commercial tenant's fraudulent inducement claim.
New York Law Journal | Expert Opinion
By Bruce J. Bergman | January 3, 2023
In his Mortgage Foreclosure column, Bruce Bergman offers some basics on the subject of the voluntary payment doctrine which provides in short that when a sum is paid with full knowledge of the facts, and without protest, it is deemed voluntary and no later attack on the payment can succeed.
New York Law Journal | Expert Opinion
By Ezra Dyckman and Charles S. Nelson | December 27, 2022
When an instrument denominated as debt has "equity-like" features, should it be respected as debt or recharacterized as equity for income tax purposes? In this edition of their Real Estate Financing column, Ezra Dyckman and Charles Nelson discuss a recent opinion from the Tax Court which came to a "taxpayer-friendly result" on this issue.
New York Law Journal | Expert Opinion
By Scott Mollen | December 20, 2022
This week, Scott Mollen discusses "Consulting SS Inc. v. McKellar," where the court held that illegal units are still subject to rent stabilization, "96 Springs, LLC v. Chefs Club NY, Inc.," where the doctrine of impossibility did not excuse a restaurant tenant's performance under lease and "East Pine Apartments, LLC v. Village of Cambridge" where an Article 78 proceeding challenging the revocation of a special use permit survived dismissal.
New York Law Journal | Expert Opinion
By Adrienne B. Koch | December 20, 2022
This article—the last in Adrienne Koch's three-part series examining common features of real estate transactions that can benefit from a litigation analysis in the negotiation phase, she explores the reasons why, and suggests some drafting considerations.
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