August 30, 2010 | New York Law Journal
To Eject or Evict - a Lease's 'Conditional' DilemmaMenachem Kastner and Ally Hack of Cozen O'Connor address the drafting and interpretation of the "default provision" found in all leases, and the crucial forum between Civil and Supreme Courts.
By Menachem J. Kastner and Ally Hack
14 minute read
January 12, 2011 | New York Law Journal
The Four Year Rule: Where Are We Now in Light of 'Grimm'Cozen O'Connor's Menachem J. Kastner and Ally Hack write: We cannot go along with the "gloom-and-doom" picture that legal commentators have been painting since the Court of Appeals decided Grimm. We respectfully submit that the decision is as much of a victory for landlords as they could realistically have hoped to achieve because, through Grimm, the lump of clay that was the Fraud Exception has at least begun to take shape.
By Menachem J. Kastner and Ally Hack
15 minute read
September 15, 2004 | New York Law Journal
Re-Examining 'Pullman': The Threshold DilemmaMenachem J. Kastner, a partner at Fischbein Badillo Wagner Harding, and Jarred Kassenoff, an associate at the firm, write that, notwithstanding the Court of Appeals' Pullman holding, a Manhattan judge recently determined that the business-judgment rule did not apply to a board's decision and held that respondent's conduct was subject to judicial review.
By Menachem J. Kastner and Jarred Kassenoff
12 minute read
November 05, 2009 | New York Law Journal
Local Law 7: Expanding 'Housing Standards' in the Civil CourtMenachem J. Kastner, a member of Cozen O'Connor, and Ally Hack, an associate at the firm, discuss Local Law 7, which was enacted to give tenants yet another avenue to pursue "landlord harassment" claims, and its issues and inconsistencies, which provide fertile ground for advocacy on behalf of building owners. In the end, write the authors, Local Law 7 is inherently ambiguous, seemingly contradictory, impermissibly subjective and out of place within New York City's Administrative Code's enforcement scheme. It remains a fertile arena for litigation until the Appellate Courts speak on its meaning and intent.
By Menachem J. Kastner and Ally Hack
14 minute read